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Major marijuana companies are asking a federal court to grant remote public access to a hearing next week in a case where they’re seeking to shield in-state cannabis activity from federal enforcement. And the Justice Department says it has “no position” on the request. The hearing before the U.S. District Court for the District of Massachusetts’s Western Division is scheduled to take place on Wednesday. Attorneys for the plaintiffs stressed in a motion filed on Friday that the “dispute involves questions of public concern,” and they’ve “received a number of requests from members of the press who are seeking means to observe the hearing remotely because they are unable to attend the hearing.” “Permitting the hearing to be accessed remotely will not prejudice the parties in any manner,” they said, adding that allowing access via video conference or telephone would work. “Plaintiffs’ counsel conferred with Defendant’s counsel, who confirmed that Defendant takes no position on this motion.” The suit against the federal government—Canna Provisions v. Garland—is being led by multi-state operator Verano Holdings Corp. and the Massachusetts-based cannabis businesses Canna Provisions and Wiseacre Farm, along with Treevit CEO Gyasi Sellers. Plaintiffs are represented by the law firms Boies Schiller and Flexner LLP and Lesser, Newman, Aleo and Nasser LLP. Litigator David Boies—whose list of prior clients includes the Justice Department, former Vice President Al Gore and plaintiffs in the case that led to the invalidation of California’s ban on same-sex marriage—is leading the suit. The cannabis businesses have said in their lawsuit against the federal government that the prohibition of marijuana has “no rational basis,” pointing to officials’ largely hands-off approach to the recent groundswell of state-level legalization. When plaintiffs made their request for oral arguments last month that was accepted by Obama-appointee Judge Mark G. Mastroianni, DOJ similarly took no position. At issue in the case is the degree to which in-state cannabis activity affects interstate commerce, with the government arguing that cannabis legalization attracts out-of-state tourists. DOJ argued in a filing last month that “it is rational to conclude that the regulated marijuana industry in Massachusetts fuels a different kind of marijuana-related interstate commerce: marijuana tourism.” “As the Supreme Court held decades ago, Congress has the authority to regulate businesses that cater to tourists from out of state, even if the businesses’ transactions occur wholly in-state,” DOJ said in the brief. Plaintiffs, meanwhile, contend the Constitution’s Commerce Clause should preclude DOJ from interfering in state-legal activity because it is regulated within a state’s borders. The filing of the latest motion comes just one day after the President Joe Biden announced that his administration is formally moving to reschedule marijuana, with a proposal set to be published in the Federal Register next Tuesday to place cannabis in Schedule III of the Controlled Substances Act (CSA). Attorney General Merrick Garland, a chief defendant in the marijuana industry litigation, signed off on the proposed rule on Thursday. But reclassifying cannabis as Schedule III would not federally legalize it, so it seems unlikely that rulemaking will influence DOJ’s position in the federal court case at hand. Read the motion on press access to the hearing on marijuana prohibition below: Where Presidential Candidate Donald Trump Stands On Marijuana Photo elements courtesy of rawpixel and Philip Steffan. The post Marijuana Companies Want Court Hearing In Case Challenging Federal Prohibition To Be Streamed Online Next Week appeared first on Marijuana Moment. View the live link on MarijuanaMoment.net

GOP House leaders have released a draft version of large-scale agriculture legislation that could reduce regulatory barriers for certain hemp farmers and scale-back a ban on industry participation by people with prior drug felony convictions. The legislation also omits any provisions that would ban hemp-derived cannabinoid products that some parties have pushed for. The House Agriculture Committee unveiled the draft 2024 Farm Bill on Friday—just days before a scheduled markup next week. It would build upon the federal legalization of the crop under the 2018 version of the legislation in several meaningful ways, though hemp stakeholders caution there may be attempts to undermine the industry with amendments. One of the key changes that’s included in the current draft would revise the definition of hemp, creating separate categories for producers who grow the crop for cannabinoid extraction for human and animal consumption and for “industrial hemp” producers who cultivate it for fiber, grain, oil and seed not intended for consumption. Under the draft legislation, those who are licensed as “industrial hemp” producers could see reduced regulatory restrictions, with the U.S. Department of Agriculture (USDA), states and Indian tribes empowered to authorize visual inspections and “performance-based sampling methodologies” for compliance purposes. Farmers growing hemp to extract cannabinoids for human or animal consumption, however, would continue to be subject to more intensive inspections and laboratory testing as prescribed under the 2018 Farm Bill. The revised inspection and testing provisions were “inspired” by a bipartisan bill titled the “Industrial Hemp Act” that was introduced last year by Reps. Matt Rosendale (R-MT) and Chrissy Houlahan (D-PA), a section-by-section summary says. Also, the newly released legislation would allow USDA to independently accredit laboratories to conduct the sample testing. That would help resolve bottlenecking issues that’s beleaguered the industry, as the current law requires farmers to have their products tested only by a limited number of Drug Enforcement Administration- (DEA) certified labs. Another proposed change to federal hemp statute would make it so USDA, states and tribal entities could choose to eliminate a policy that prevents people with felony drug convictions in the past 10 years from being licensed to produce industrial hemp. However, advocates are hoping to see more expansive language, such as what’s described in Senate Democrats’ recent summary of their forthcoming Farm Bill draft. Under that plan, there would be a mandate to eliminate the ban, rather than simply authorizing it, and it would cover all hemp producers, not just those growing it for non-extraction purposes. That said, the Senate Agriculture Committee has not yet released the draft text of their bill, so it remains to be seen if the summary description matches what will ultimately be released. Bipartisan House lawmakers filed standalone legislation last year that would broadly lift the felony ban for would-be hemp producers. While the House bill contains a number of priorities that a coalition of hemp organizations and businesses had put forth, the industry is especially encouraged by what’s not in the draft legislation: a ban on most hemp-derived cannabinoids. Paradoxically, select marijuana businesses have found themselves on the same side as prohibitionists in pushing such a ban. In a letter to congressional leaders last month, the U.S. Cannabis Council (USCC) proposed specific language they wanted to see included that would place hemp-derived cannabinoids containing any amount of THC under the definition of federally illegal marijuana. While they’ve focused on the need to address public safety concerns related to unregulated “intoxicating” cannabinoid products such as delta-8 THC, some hemp industry advocates say the effect of the proposed language could be a ban on virtually all non-intoxicating CBD products as well, as most on the market contain at least trace levels of THC, consistent with the Farm Bill definition of hemp that allows for up to 0.3 percent THC by dry weight. Hemp industry stakeholders have recognized that there’s a need to address legitimate concerns related to the unregulated market that’s proliferated since hemp was federally legalized, but the solution they’ve put forward is to enact strategic regulations to ensure product safety and prevent youth access. “We are very pleased with this draft,” Jonathan Miller, general counsel for the U.S. Hemp Roundtable, told Marijuana Moment on Friday. “Four of our top priorities that we joined with 33 other organizations on are found in this bill, which is really exciting.” He added that his organization is particularly pleased to see that there’s “nothing negative” in the draft text that “could potentially ban popular hemp products, as has been rumored.” “However, there is an amendment process, and we’re going to be vigilant to try to oppose anything that would wreak havoc on that product industry,” Miller said. First, on the positive side: The newly-released Farm Bill draft includes 4 major priorities of the Roundtable and the coalition of 33 hemp non-profit organizations that joined several months ago to share the industry’s consensus agenda. — US Hemp Roundtable (@HempRoundtable) May 17, 2024 The House Appropriations Committee draft bill also includes a provision that says businesses that “knowingly” misidentify themselves as “industrial hemp” producers potentially subjected to reduced restrictions “shall be ineligible to participate in the program established under this section for a period of 5 years beginning on the date of the violation.” Another component of the legislation would prevent state agencies from denying public assistance benefits to people simply because they have a felony drug conviction or because they’ve failed to “satisfy an action required under a Federal, State, or local law relating to a means-tested public assistance program that was required as a result of a felony drug conviction.” Meanwhile, state marijuana regulators have proposed updating the agriculture legislation with provisions clarifying states’ rights to enact their own regulations for hemp-based intoxicating cannabinoids, citing instances where there’s been litigation asserting that federal law preempts such rulemaking. “Federal clarification of states’ existing authority is thus essential to allow states to continue to protect public health and integrity in the hemp industry—as the 2018 Farm Bill always intended,” three executives with the Cannabis Regulators Association (CANNRA) said in a recent letter to congressional leaders. CANNRA had previously recommended to Congress in a letter last year that lawmakers adjust the federal definition of hemp and modify rules around hemp-derived cannabinoids. Lawmakers and stakeholders have also been eyeing a number of other proposals that could be incorporated into the Farm Bill—and which could come up as proposed amendments as the proposal moves through the legislative process—including measures to free up hemp businesses to legally market products like CBD as dietary supplements or in the food supply. — Marijuana Moment is tracking more than 1,500 cannabis, psychedelics and drug policy bills in state legislatures and Congress this year. Patreon supporters pledging at least $25/month get access to our interactive maps, charts and hearing calendar so they don’t miss any developments. Learn more about our marijuana bill tracker and become a supporter on Patreon to get access. — Meanwhile, the hemp market started to rebound in 2023 after suffering significant losses the prior year, the latest annual industry report from the U.S. Department of Agriculture (USDA) that was released last month found. The data is the result of a survey that USDA mailed to thousands of hemp farmers across the U.S. in January. The first version of the department’s hemp report was released in early 2022, setting a “benchmark” to compare to as the industry matures. Bipartisan lawmakers and industry stakeholders have sharply criticized FDA for declining to enact regulations for hemp-derived CBD, which they say is largely responsible for the economic stagnation. To that end, FDA Commissioner Robert Califf testified before the House Oversight and Accountability Committee last month, where he faced questions about the agency’s position that it needed additional congressional authorization to regulate the non-intoxicating cannabinoid. USDA is also reportedly revoking hemp licenses for farmers who are simultaneously growing marijuana under state-approved programs, underscoring yet another policy conflict stemming from the ongoing federal prohibition of some forms of the cannabis plant. For the time being, the hemp industry continues to face unique regulatory hurdles that stakeholders blame for the crop’s value plummeting in the short years since its legalization. Despite the economic conditions, however, a recent report found that the hemp market in 2022 was larger than all state marijuana markets, and it roughly equaled sales for craft beer nationally. Meanwhile, internally at USDA, food safety workers are being encouraged to exercise caution and avoid cannabis products, including federally legal CBD, as the agency observes an “uptick” in positive THC tests amid “confusion” as more states enact legalization. 69% Of American Voters—Including Majority Of Republicans—Support Marijuana Legalization, Fox News Poll Finds The post GOP House Leaders Propose Reducing Regulatory Barriers For Some Hemp Growers In Draft Farm Bill appeared first on Marijuana Moment. View the live link on MarijuanaMoment.net

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Nearly seven in 10 voters—including a majority of Republicans—support legalizing marijuana, according to a new Fox News poll. Released on the heels of President Joe Biden’s announcement that his administration is moving to reschedule cannabis, the survey found that 69 percent of registered voters in the U.S. back broader reform to end prohibition altogether. That includes 45 percent who said they “strongly” favor the reform. There’s support for legalization across the political and demographic spectrum, too. Democrats are more likely to back the policy change at 81 percent, but 55 percent of GOP voters and 65 percent of independents are also on board. The poll found majority support among all ages, races, income levels, education levels and geographic regions, too. The only group with majority opposition was those who identified as “very conservative.” But even a majority of certain unexpected demographics such as those 65+ and white evangelists back the reform. Additionally, Fox News found that 59 percent of people who are expected to vote for former President Donald Trump this November are in favor of legalizing marijuana, compared to 80 percent of expected Biden voters. The top-line finding is consistent with a major poll from Gallup last year that put support for legalization at 70 percent among Americans. The Fox News survey involved interviews with 1,126 registered voters from May 10-13, with a +/- three percentage point margin of error. Don Murphy, a cannabis lobbyist and former GOP Maryland legislator, shared a picture of Fox News presenting a slide of the poll and cautioned Republican lawmakers not to say “anything stupid today” about the Biden rescheduling move given the overwhelming popularity of legalization. To my @GOP friends: Please don’t say anything stupid today. Of course this is political, but that doesn’t make it wrong. Have a nice weekend. @AmericanCCo pic.twitter.com/FVNmZ8tKao — Don Murphy (@donmurphy12a) May 17, 2024 “Of course this is political, but that doesn’t make it wrong,” he said. To be sure, the Biden campaign was quick to promote the rescheduling action, drawing a contrast with Trump, whose administration rescinded federal cannabis enforcement guidance that generally outlined the government’s non-intervention policy for state cannabis laws. But as the new survey shows, Americans have an appetite for reform that goes beyond rescheduling, which would not federally legalize cannabis. And while Biden is making much of the incremental step to reclassify marijuana, he’s maintained an opposition to legalization. Trump, meanwhile, will have the chance to decide on a marijuana legalization ballot initiative himself as a Florida voter this November. He has not yet publicly said how he will vote, but while he’ve voiced support for states’ rights to enact their own cannabis laws, he’s also adopted aggressively anti-drug rhetoric—including support for applying the death penalty to people who sell illegal substances. In any case, the Justice Department also announced on Thursday that Attorney General Merrick Garland had officially initiated the formal rulemaking process, submitting the proposed rescheduling rule to the Federal Register to begin a 60-day public comment period. The action is being largely praised as a historic step in the right direction, with the federal government recognizing for the first time in over 50 years that cannabis has accepted medical value and a lower abuse potential than other drugs in Schedule I such as heroin. Biden ‘Smokes’ Trump On Marijuana Policy, Campaign Says After President’s Rescheduling Announcement Photo courtesy of Philip Steffan. The post 69% Of American Voters—Including Majority Of Republicans—Support Marijuana Legalization, Fox News Poll Finds appeared first on Marijuana Moment. View the live link on MarijuanaMoment.net

President Joe Biden “smokes” former President Donald Trump on marijuana policy, his reelection campaign said short after the administration announced a historic cannabis rescheduling action on Thursday. In an email blast that was sent out hours after the president announced the “monumental” step to reclassify cannabis, his campaign highlighted the “stark contrast with the Trump administration’s failures and broken promises on criminal justice reform and marijuana.” Specifically, it compared the Biden administration’s push to move marijuana from Schedule I to Schedule III of the Controlled Substances Act (CSA) with the elimination of federal cannabis enforcement guidance under Trump. “Trump and his administration took marijuana reform backwards, withdrawing guidelines to limit prosecutions of marijuana offenses that were legal under state laws,” the campaign said, repeating a point it made last month in a separate email when it promoted Vice President Kamala Harris’s roundtable event with cannabis pardon recipients at the White House. One more big step toward fixing our failed approach to marijuana. pic.twitter.com/Uc9qepehrf — President Biden (@POTUS) May 16, 2024 “It’s simple, Joe Biden smokes sleepy Don on delivering for the American people,” Biden-Harris 2024 Spokesperson James Singer said. “After four years of all talk, all failure from Donald Trump, Joe Biden is keeping his promise on marijuana policy, moving America forward, and making America safer.” “Donald Trump was wrong on marijuana policy and made America less safe, hurting young people and communities of color,” he said. “Voters can’t afford the broken promises and dangerous failures of a second Trump term.” It should be noted, however, that while rescheduling marijuana was among Biden’s 2020 campaign promises, advocates remain frustrated that he’s yet to federally decriminalize cannabis as he also pledged to do. And while the campaign is criticizing the rescission of the federal marijuana guidance, the Justice Department under Biden has yet to reissue any updated guidance—despite Attorney General Merrick Garland saying in June 2022 that DOJ would be addressing the issue “in the days ahead.” When Garland was asked about the issue during a Senate Judiciary Committee hearing last March, he said that it was “fair to expect” that the updated marijuana policy would be “very close to what was done in the Cole Memorandum.” Two Democratic congressional lawmakers said in a letter to Garland in March that it is “unacceptable” that the Justice Department has yet to reissue the federal marijuana enforcement guidance to discourage interference in state cannabis programs, leaving Americans in a “legal limbo” despite promises to update the policy. In any case, the Biden campaign’s choice to once again draw the cannabis contrast with the presumptive 2024 GOP presidential nominee is notable, representing one of the latest examples of how the president is aiming to leverage the popularity of marijuana reform ahead of the November election. In the day since Biden made the rescheduling announcement, he and Harris have repeated touted the action on social media. No one should be jailed for simply using or possessing marijuana. — President Biden (@POTUS) May 17, 2024 “No one should be jailed for simply using or possessing marijuana,” Biden reiterated on Friday. No one should go to jail for smoking weed. We have pardoned tens of thousands of people with federal convictions for simple marijuana possession. — Kamala Harris (@KamalaHarris) May 16, 2024 Harris also noted the president’s mass pardons for people who’ve committed federal cannabis possession offenses. Marijuana is currently classified on the same level as heroin and more dangerous than fentanyl. Our administration is finally changing that. pic.twitter.com/VfpBXx3xZX — Kamala Harris (@KamalaHarris) May 16, 2024 Meanwhile, the Justice Department also announced on Thursday that Attorney General Merrick Garland had officially initiated the formal rulemaking process, submitting the proposed rescheduling rule to the Federal Register to begin a 60-day public comment period. The action is being largely praised as a historic step in the right direction, with the federal government recognizing for the first time in over 50 years that cannabis has accepted medical value and a lower abuse potential than other drugs in Schedule I such as heroin. Read the full Biden campaign email below: Biden Smokes Trump on Marijuana Policy In the 2020 campaign and as President, Joe Biden has said no one should be in jail just for using or possessing marijuana. President Biden is keeping his promise, delivering a historic victory for criminal justice and common-sense marijuana policy across America. Today, the Biden administration reclassified marijuana from a Schedule I to a Schedule III drug, moving marijuana out of a classification higher than fentanyl and methamphetamine and removing long standing barriers to critical research into medical benefits of marijuana that could help veterans, seniors, and people with chronic illnesses. Additional note: Under Joe Biden, violent crime is near a 50-year low and murders are plummeting in major cities. This is in stark contrast with the Trump administration’s failures and broken promises on criminal justice reform and marijuana: Broken Promises on Marijuana: Trump and his administration took marijuana reform backwards, withdrawing guidelines to limit prosecutions of marijuana offenses that were legal under state laws. Crime Went Up: Under Trump, America was less safe. In 2020, violent crime rose and murder increased 29.4%. Police Reform Failures: Trump called for police officers to shoot shoplifters. As president, he inflamed tensions between the police and the communities they serve. He insisted police departments should use “stop and frisk” and sought to block local police reform. His administration also reduced oversight of police departments and repeatedly proposed cutting funding for local police departments and combating illicit drug flows. Trump’s Project 2025 agenda: Pardon violent January 6 rioters while worsening racial inequity in the justice system, prosecute his political opponents, and criminalize abortion. The following is a statement from Biden-Harris 2024 Spokesperson James Singer: “It’s simple, Joe Biden smokes sleepy Don on delivering for the American people. After four years of all talk, all failure from Donald Trump, Joe Biden is keeping his promise on marijuana policy, moving America forward, and making America safer. “Donald Trump was wrong on marijuana policy and made America less safe, hurting young people and communities of color. Voters can’t afford the broken promises and dangerous failures of a second Trump term.” ### Paid for by Biden for President Maryland Governor Signs Psychedelics Task Force Legislation Initiating Study On ‘Equitable And Affordable Access’ The post Biden ‘Smokes’ Trump On Marijuana Policy, Campaign Says After President’s Rescheduling Announcement appeared first on Marijuana Moment. View the live link on MarijuanaMoment.net

The governor of Maryland has signed a pair of bills into law to establish a psychedelics task force that will study legal access to substances like psilocybin and DMT. About a month after lawmakers sent the complementary legislation to his desk, Gov. Wes Moore (D) gave them final approval on Thursday. The new law will create a “Task Force on Responsible Use of Natural Psychedelic Substances” that would be overseen by the Maryland Cannabis Administration (MCA). It will be charged specifically with ensuring “broad, equitable and affordable access to psychedelic substances” in the state. Members of the task force will be required to examine and make recommendations on issues such as “permitting requirements, including requirements regarding education and safety,” “access to treatment and regulated support” and “production of natural psychedelic substances.” There are also provisions tasking the body with looking into expunging prior convictions for psychedelics and releasing people incarcerated for such offenses, along with a mandate to make recommendations on potential civil penalties for “nonviolent infractions involving the planting, cultivating, purchasing, transporting, distributing, or possessing of or other engagement with natural psychedelic substances.” The governor, legislative leaders and various state agencies will be responsible for appointing the 17-member task force that would specifically consider policies around psilocybin, psilocin, dimethyltryptamine and mescaline (not derived from peyote). The legislation will also give members discretion to put more psychedelics under review as they see fit. The body’s recommendations will be due to the governor and legislature by July 31, 2025. The legislation that the governor signed will sunset after two and a half years. As originally introduced, the House version contained more prescriptive requirements to explore and issue recommendations on aspects of psychedelics policy such as “systems to support statewide online sales of natural psychedelic substances with home delivery” and “testing and packaging requirements for products containing natural psychedelic substances with clear and accurate labeling of potency.” That language was ultimately removed, however. The task force legislation is advancing about two years after a different law took effect creating a state fund to provide “cost-free” access to psychedelics like psilocybin, MDMA and ketamine for military veterans suffering from PTSD and traumatic brain injury. A growing number of other states are also pursuing psychedelics reform legislation this legislative session, with a focus on research and therapeutic access. — Marijuana Moment is tracking more than 1,500 cannabis, psychedelics and drug policy bills in state legislatures and Congress this year. Patreon supporters pledging at least $25/month get access to our interactive maps, charts and hearing calendar so they don’t miss any developments. Learn more about our marijuana bill tracker and become a supporter on Patreon to get access. — For example, Alaska’s Senate gave final approval to a House-passed bill last week that would create a state task force to study how to license and regulate psychedelic-assisted therapy in the event of federal approval of substances such as MDMA and psilocybin. Last week in Vermont, lawmakers signed off on a similar bill that would that would create a state working group to make recommendations on whether and how the state should regulate legal access to substances like psilocybin and MDMA. The measure next goes to Gov. Phil Scott (R). Indiana’s governor recently signed a bill that includes provisions to fund clinical research trials into psilocybin. Utah’s governor, meanwhile, allowed a bill to authorize a pilot program for hospitals to administer psilocybin and MDMA as an alternative treatment option to become law without his signature. Maine lawmakers sent the governor legislation to establish a commission tasked with studying and making recommendations on regulating access to psychedelic services. An Arizona House panel also approved a Senate-passed bill to legalize psilocybin service centers where people could receive the psychedelic in a medically supervised setting. A Connecticut joint legislative panel approved a bill to decriminalize possession of psilocybin. A bipartisan bill to legalize psychedelic service centers in California has cleared two Senate committees. The governor of New Mexico has endorsed a newly enacted resolution requesting that state officials research the therapeutic potential of psilocybin and explore the creation of a regulatory framework to provide access to the psychedelic. An Illinois committee also recently held a hearing to discuss a bill to legalize psilocybin and allow regulated access at service centers in the state where adults could use the psychedelic in a supervised setting—with plans to expand the program to include mescaline, ibogaine and DMT. Lawmakers in Hawaii also considered a bill that would provide some legal protections to patients engaging in psilocybin-assisted therapy with a medical professional’s approval. New York lawmakers said that a bill to legalize psilocybin-assisted therapy in that state has a “real chance” of passing this year. A Nevada joint legislative committee held a hearing with expert and public testimony on the therapeutic potential of substances like psilocybin in January. Law enforcement representatives also shared their concerns around legalization—but there was notable acknowledgement that some reforms should be enacted, including possible rescheduling. The governor of Massachusetts also recently promoted the testimony of activists who spoke in favor of her veterans-focused bill that would, in part, create a psychedelics work group to study the therapeutic potential of substances such as psilocybin. Separately, an initiative that would legalize psychedelics may appear on the November ballot if lawmakers decline to independently enact it first. Federal Marijuana Prohibition Makes Youth Prevention Efforts ‘More Difficult,’ Top Anti-Drug Group Official Says Photo elements courtesy of carlosemmaskype and Apollo. The post Maryland Governor Signs Psychedelics Task Force Legislation Initiating Study On ‘Equitable And Affordable Access’ appeared first on Marijuana Moment. View the live link on MarijuanaMoment.net

DEA signals skepticism on Schedule III; NH legalization vote; Prohibitionists on marijuana regulation; CA psychedelics defeat Subscribe to receive Marijuana Moment’s newsletter in your inbox every weekday morning. It’s the best way to make sure you know which cannabis stories are shaping the day. Get our daily newsletter. Email address: Leave this field empty if you're human: Your support makes Marijuana Moment possible… Free to read (but not free to produce)! We’re proud of our newsletter and the reporting we publish at Marijuana Moment, and we’re happy to provide it for free. But it takes a lot of work and resources to make this happen. If you value Marijuana Moment, invest in our success on Patreon so we can expand our coverage and more readers can benefit: https://www.patreon.com/marijuanamoment / TOP THINGS TO KNOW President Joe Biden officially announced that the Department of Justice is moving to reschedule marijuana to Schedule III. The marijuana rescheduling proposed rule signed by Attorney General Merrick Garland and an attached Department of Justice Office of Legal Counsel memo both signal that the Drug Enforcement Administration is not necessarily on board with the move. “DEA has not yet made a determination as to its views of the appropriate schedule for marijuana.” The New Hampshire Senate amended and approved a House-passed bill to legalize marijuana—the furthest a cannabis legalization measure has ever advanced in the “Live Free or Die” state. President Joe Biden’s announcement that his administration is moving to reschedule marijuana is generating reactions from lawmakers, governors, advocates and industry stakeholders. The Congressional Research Service published two new marijuana reports updating lawmakers on the “legal consequences” of the persisting federal-state policy gap under rescheduling and outlining a spending rider that protects state medical cannabis programs. The California Senate Appropriations Committee killed a bill that would have legalized psychedelic service centers where people could access psilocybin, MDMA, mescaline and DMT in a supervised environment with trained facilitators. Officials with Community Anti-Drug Coalitions of America seemed to indicate during a webinar that marijuana legalization is inevitable, discussing how best to steer cannabis tax revenue and saying that federal prohibition “makes it even more difficult” to implement unified health and safety policies across state markets. The Louisiana House Committee on Administration of Criminal Justice approved a Senate-passed bill to reverse the state’s accidental legalization of intoxicating hemp products by banning them again. / FEDERAL Former White House Office of National Drug Control Policy Acting Director Regina LaBelle wrote in a letter to the editor that Congress appears to be “ignoring the very real public health and social justice issues inherent in cannabis policy.” A former Drug Enforcement Administration task force officer pleaded guilty to federal charges of stealing more than 1,000 pounds of marijuana from evidence. Sen. James Lankford (R-OK) tweeted, “The year after OK passed a medical marijuana law, OK had more land sales to foreign entities than any other state. Selling farmland to foreign nationals with ties to criminal organizations puts our national security at risk.” The House marijuana banking bill got one new cosponsor for a total of 118. The House bill to remove past marijuana use as a barrier to federal employment or security clearances got one new cosponsor for a total of nine. / STATES A Pennsylvania Republican senator authored an op-ed calling on Congress to pass a marijuana banking bill. A former Florida GOP senator criticized the state Republican Party for opposing the marijuana legalization initiative on the November ballot. The Tribal Council of the Eastern Band of Cherokee Indians, located within North Carolina, held a hearing on plans to launch recreational marijuana sales. Michigan regulators filed a complaint against a marijuana business over alleged violations. Maine regulators are accepting applications to serve on the Cannabis Hospitality Task Force. Washington State regulators posted summaries of marijuana legislation that was enacted this session. Oregon regulators will consider draft marijuana business tax compliance rules on Tuesday. — Marijuana Moment is tracking more than 1,500 cannabis, psychedelics and drug policy bills in state legislatures and Congress this year. Patreon supporters pledging at least $25/month get access to our interactive maps, charts and hearing calendar so they don’t miss any developments. Learn more about our marijuana bill tracker and become a supporter on Patreon to get access. — / LOCAL New York City’s mayor praised Gov. Kathy Hochul (D) for doing “a real cleanup” of the state’s marijuana regulatory body. Fairfield, Ohio’s mayor opposes allowing marijuana dispensaries to operate in the city unless they will be economically impactful. / INTERNATIONAL The Czech Chamber of Deputies approved legislation to regulate synthetic cannabinoids. The Philippine House Committee on Human Rights is launching an investigation of the nation’s bloody “war on drugs.” Ontario, Canada’s minister of health is warning Toronto to drop its request for federal permission to decriminalize drugs. / SCIENCE & HEALTH A study suggested that “cannabinoids are suitable drugs that could be used as effective inhibitors for target proteins involved in cancer pathways.” A study of mice found that CBD “alleviates carbon tetrachloride-induced liver fibrosis.” / BUSINESS Schwazze reported quarterly revenue of $41.6 million and a net loss of $16.1 million. TILT Holdings Inc. reported quarterly net revenue of $37.5 million and a net loss of $9.7 million. Nature’s Miracle Holding Inc. and Agrify Corporation are merging. Aurora Cannabis Inc. has a new board of directors member. Arkansas dispensaries have sold $1.10 billion worth of medical cannabis products in the first five years of the program. Make sure to subscribe to get Marijuana Moment’s daily dispatch in your inbox. Get our daily newsletter. Email address: Leave this field empty if you're human: The post Biden announces cannabis rescheduling (Newsletter: May 17, 2024) appeared first on Marijuana Moment. View the live link on MarijuanaMoment.net

Following considerable debate on the New Hampshire Senate floor on Thursday, state lawmakers have revised and approved a House-passed bill that would legalize marijuana in the state. The measure, which senators advanced on a 14–9 vote, next heads to the Finance Committee before returning again to the chamber floor and then potentially going back to the House of Representatives for concurrence on recent changes. The vote on HB 1633 marks the furthest ever a marijuana legalization bill has proceeded in New Hampshire—though questions still loom large as to whether both legislative chambers can agree on a plan that will win approval from Gov. Chris Sununu (R), who has long been skeptical of the reform but has recently said he would sign a bill that meets certain conditions. Senators adopted a handful of amendments to the legislation before the floor vote, while rejecting others. Approved changes concern issues such as penalties for cannabis in vehicles, rules around municipal approval of marijuana retailers, lobbying restrictions on licensed businesses and where revenue would be allocated. Many of the offered amendments came from Senate President Jeb Bradley (R) even though he personally opposes legalization. The differences with the House-passed legislation would need to be approved by lawmakers in that chamber or be hammered out in a conference committee. “No cannabis policy will be perfect,” Sen. Daryl Abbas (R) said, arguing that the amended bill “was drafted to balance the public safety needs of our communities with the legalization of cannabis.” Abbas said that in past legislative sessions, he’s seen “some really, really, really scary policies” proposed around legalization, claiming some would have allowed smoking marijuana openly outside the Capitol building. He also noted that most polls show that a clear majority of New Hampshire adults support legalization. “Most of the polls are pretty straightforward, all well over 70 percent on this,” he said, though he added that most people being surveyed were asked “very simple questions.” “I think the details are very important, and we’re going to discuss a lot more of those as this debate goes on,” Abbas said. Opponents of the bill, however—including Sen. Bill Gannon (R), who unsuccessfully tried to table the bill when it first came up on the floor Thursday—warned that legalization would flood the state with drugs, encourage youth to use cannabis, increase crime and mental health issues and expand the existing illicit market. “We are going to change the fabric of New Hampshire if we pass this legislation,” Gannon said. Most of Thursday’s debate on the bill, which lasted three hours, centered on a dozen or so offered amendments. One approved change from Bradley specifies that no marijuana licensee “may spend any funds to lobby or attempt to influence legislation” related to marijuana, nor may they “participate in political activity” or “contribute funds to any entity engaged in these activities.” As initially drafted, it also contained provision barring a person or entity controlling more than one cannabis establishment. After splitting the amendment into two parts, senators approved the lobbying restriction on a 12–11 vote and denied the licensing restriction on a 15–8 vote. Some critics have said the lobbying restriction—which was first suggested last year by the governor’s office as a state commission considered cannabis legalization—could raise constitutional free speech concerns. Another Bradley amendment revised the bill’s section on municipal approval of the cannabis industry, laying out new rules for local elections, zoning and allowable contracts. Voters would be asked, “Shall we allow the operation of cannabis establishments within the town or city?” If a majority said yes, retail outlets would be approved. If not, the question could be returned to no less than three years after the initial vote. Under the amendment, which passed 12–11 on a roll-call vote, local voters would only get to decide whether to allow cannabis businesses to operate if their governing bodies choose to put the question on the ballot or if advocates collect valid signatures from 5 percent of registered voters in support of a ballot measure. A major change from Bradley—which he referred to as “the most important amendment of all the improvements that I’ve tried to make”—replaced the bill’s proposed marijuana advisory board with a “cannabis control commission” that would have the ability to approve new rules. “If we’re going to protect public health, if we’re going to protect the kids in the state of New Hampshire, this board needs to be turned into a control commission,” Bradley said. “Everybody knows I don’t like this bill because of the public health implications. We can make it a little bit better with this amendment.” Colleagues initially rejected the proposal on a 12–11 margin, but after a motion for reconsideration, they passed it 13–10. Some advocates oppose the creation of the commission with power over rulemaking, which they warn could ultimately delay implementation of any legalization law if the body drags its feet on rulemaking or adopts unworkable rules. In terms of changes from other lawmakers, an amendment from Abbas removed from the marijuana advisory board a certified public health specialist appointed by a state commission, replacing that person with a “prevention specialist who is currently certified by the prevention certification board of New Hampshire.” That change was supported by the health-focused advocacy group New Futures. Lawmakers adopted it on a voice vote. A change from Republican Sens. Tim Lang and Howard Pearl, meanwhile, added language creating a misdemeanor penalty for consuming cannabis in a vehicle. Any person with a driver’s license would also have it suspended for 60 days on a first offense and up to a year on subsequent offenses. It also specifies that no person or entity may have a financial interest in more than one marijuana establishment of any single category. That was also adopted on a voice vote. Another amendment from Lang adjusted where state revenue from the legal cannabis industry would be allocated. Bradley supported the change, noting that it would stop money from going to schools—an idea he called “odious”—and senators approved it on a voice vote. “For those of you really believe in kiddos,” he said, “I think it’s rather odious that we’re taking marijuana money and funding education. So this amendment dedicates that to property tax relief. I think that’s a pretty significant improvement.” Abbas also supported the change, noting that while no committee had vetted the new funding proposal, there would be time for that later in the session. The Senate rejected a proposed change from Bradley would have set a maximum 15 percent THC cap on cannabis products, which could also contain no more than 200 milligrams of THC per package, with serving sizes limited to 10 mg. Those limits would not have applied to cannabis flower. It also would have made changes to the bill’s definition of “public place” that could make it a crime for someone to smoke marijuana in their own backyard unless there is a no trespassing sign posted and would have removed protections allowing adults to share cannabis with one another. The amendment would have further deleted non-discrimination protections from the bill, allowing people to lose their children, jobs or eligibility for organ transplants due to marijuana use. It failed 17–6. Other amendments are expected once the bill lands in the Senate Finance Committee. Bradley, for example, withdrew a floor amendment around data collection and revenue allocation, saying he’d reintroduce the measure before the finance panel. Legalization advocates cheered the milestone vote on Thursday but said there’s still a ways to go before marijuana’s legal in the Granite State. “Fittingly, the ‘Live Free or Die’ state just became the first Republican-majority state legislature to vote to legalize cannabis for adults,” said Karen O’Keefe, director of state policies for the Marijuana Policy Project (MPP). “However, there are several steps to go before New Hampshire would stop being an island of prohibition.” Bradley, the Senate president, said recently that he hopes the bill will ultimately fail in his chamber—“I don’t want to see it get out of the Senate, period,” he told a local TV reporter—but added that he feels an obligation to make changes to the bill if it’s destined to clear the Senate. “I’m gonna try to make it the most user friendly for New Hampshire,” he said. On the floor, Bradley told fellow opponents of legalization to nevertheless vote for certain amendments to the bill, arguing that the changes represented improvements to the proposal. “Those of us that don’t support this bill…have an obligation, in my opinion, because it has such a dramatic impact on the state of New Hampshire, to do everything possible that we can to improve it, if it’s going to pass,” the Senate president said. “Now, I know that some of the nine of us would probably just want to derail, and I appreciate that. Maybe that will happen. But if it isn’t going to happen, it needs to be a better process.” The latest floor changes come on top of a sweeping amendment to the House-passed bill from Sen. Daryl Abbas (R) that was approved in the Senate Judiciary Committee last week. That amendment increased a proposed 10 percent surcharge on marijuana purchases in the House-passed version of the bill to 15 percent, and it extended the fee to include medical marijuana purchases. It also increased proposed penalties for public consumption of marijuana to include possible jail time and shifted the legislation’s proposed regulatory scheme to a novel, state-run franchise system under which the state’s Liquor Commission would oversee the look, feel and operations of retail stores. The franchise model is one supported by the governor, who has in recent weeks said he’d only consider signing the bill if lawmakers follow strict criteria laid out by his office, including limiting the number of retail stores to 15 statewide. “Fundamentally I don’t really love this idea anyway,” Sununu said, but explained that he sees legalization as “inevitable.” Earlier this month, the Judiciary Committee became the first-ever Senate panel to sign off on a marijuana legalization proposal, approving it on a narrow, 3–2 vote. Before advancing the measure, HB 1633, the committee approved the broad amendment from Abbas, who chaired a failed state commission on legalization late last year. In its current version, the proposal would allow 15 stores to open statewide under a novel state-run franchise system, under which the state’s Liquor Commission would oversee the look, feel and operations of the retail shops. All purchases would be subject to a 15 percent “franchise fee,” which effectively functions as a tax. The bill also limits each municipality to only a single cannabis retail establishment unless it’s home to more than 50,000 people. Only two cities in the state, Manchester and Nashua, meet that threshold. Local voters would also need to pre-approve the industry in order for businesses to open in that jurisdiction. The legalization proposal passed out of the House a month ago amid warnings from Abbas and some other senators that the bill would be dead on arrival in their chamber. Sununu similarly said he wouldn’t sign the bill in its House-passed form. As passed by the House, the bill would have legalized through a so-called “agency store” model that Abbas and others in the Senate opposed. House lawmakers rejected an earlier amendment that included many revisions later made by Abbas, opting for the agency store model offered by the bill’s sponsor, Rep. Erica Layon (R). “I think this is an excellent bill,” Layon told colleagues ahead of the House vote, “and quite frankly I think it’s time for us to go ahead and vote on this bill, and let the other body deal with it.” Layon has warned senators not to take House lawmakers’ votes for granted if they decided to make major changes to her bill. Though advocates have said they’re pleased to see New Hampshire make progress toward legalization, they’re also concerned about some of the changes made by Abbas and the Senate. ACLU of New Hampshire and other civil rights advocates, for example, have opposed the increased penalties for public consumption, warning that the more punitive would lead to disproportionately severe and lasting consequences and could end up costing the state more money because it will be required to provide defense lawyers for defendants who cannot afford one. Abbas, however, has repeatedly complained about the smell of marijuana in public—both in legal jurisdictions and in parts of New Hampshire near neighboring states, where cannabis is legal. He’s at times called it the number one problem he has with the reform. “Is this a huge win for the state? I’m not saying that,” he said in committee earlier this month. “I just have concerns right now because we’re dealing with what we can’t control. We can’t control what they do in Maine. We can’t control what they do in Vermont. We can’t control what they do in Massachusetts.” With only several months left in Sununu’s term, observers are also weighing how the governor’s potential replacements might greet legalization. At least one possible successor, former U.S. Sen. Kelly Ayotte (R)—one of a handful of gubernatorial candidates that’s entered the race—said recently that she opposes legalizing marijuana for adults. “I don’t think legalizing marijuana is the right direction for our state,” said Ayotte, who represented New Hampshire in the Senate from 2011 to 2017 and was previously the state’s attorney general from 2004 to 2009. Lawmakers worked extensively on marijuana reform issues last session and attempted to reach a compromise to enact legalization through a multi-tiered system that would include state-controlled shops, dual licensing for existing medical cannabis dispensaries and businesses privately licensed to individuals by state agencies. The legislature ultimately hit an impasse on the complex legislation. Bicameral lawmakers also convened the state commission tasked with studying legalization and proposing a path forward last year, though the group ultimately failed to arrive at a consensus or propose final legislation. The Senate defeated a more conventional House-passed legalization bill last year, HB 639, despite its bipartisan support. Last May, the House defeated marijuana legalization language that was included in a Medicaid expansion bill. The Senate also moved to table another piece of legislation that month that would have allowed patients and designated caregivers to cultivate up to three mature plants, three immature plants and 12 seedlings for personal therapeutic use. After the Senate rejected the reform bills in 2022, the House included legalization language as an amendment to separate criminal justice-related legislation—but that was also struck down in the opposite chamber. Attorney General Formally Moves To Reschedule Marijuana, But DEA Signals Resistance Despite DOJ Legal Review The post New Hampshire Senate Approves Marijuana Legalization Bill After Adopting Changes To House-Passed Version appeared first on Marijuana Moment. View the live link on MarijuanaMoment.net

The Biden administration’s announcement about its formal move to reschedule marijuana has elicited another round of applause from lawmakers, industry stakeholders and advocacy groups. While the Justice Department already confirmed two weeks ago that it would be moving to place cannabis in Schedule III, rather than Schedule I, of the Controlled Substances Act (CSA), President Joe Biden officially announced the action on Thursday. And Attorney General Merrick Garland has now initiated the formal rulemaking process. Rescheduling marijuana wouldn’t federally legalize it—a point that certain advocates are quick to point out, especially in light of Biden’s 2020 campaign pledge to decriminalize cannabis. But it would have major implications for state-licensed marijuana businesses, while opening up expanded research opportunities. But the action is being largely praised as a historic step in the right direction, with the federal government recognizing for the first time in over 50 years that cannabis has accepted medical value and a lower abuse potential than other drugs in Schedule I such as heroin. Here’s how people are reacting to the marijuana rescheduling announcement: Lawmakers and Public Officials Office of National Drug Control Policy (ONDCP) Director Rahul Gupta President Biden has been clear: no one should be in jail just for using or possessing marijuana. The President’s actions today are part of his commitment to reverse longstanding injustices, and to right historic wrongs. https://t.co/E7jr0PyihN — Rahul Gupta (@DrGupta46) May 16, 2024 If finalized by the Department of Justice, marijuana will no longer hold the higher-level classification it currently holds over fentanyl and methamphetamine – the drugs that are driving our nation’s overdose epidemic. — ONDCP (@ONDCP) May 16, 2024 Senate Majority Leader Chuck Schumer (D-NY) BIG: The DOJ is finally recognizing that draconian cannabis laws need to change to catch up to science and the majority of Americans. But it’s past time to legalize it. That’s why @SenBooker, @RonWyden, and I reintroduced our Cannabis Administration and Opportunity Act. — Chuck Schumer (@SenSchumer) May 16, 2024 Sen. Cory Booker (D-NJ) My statement on the DOJ’s reclassification of Cannabis as Schedule III https://t.co/o0WxuHr7ma — Sen. Cory Booker (@SenBooker) May 16, 2024 Sen. Jeff Merkley (D-OR) I pushed the Biden administration to address the harms done by the criminalization of cannabis and move quickly to remove cannabis’ Schedule I status, and it’s great to see this action taken. I will continue to work to fully deschedule cannabis. https://t.co/wefFiZNZjO — Senator Jeff Merkley (@SenJeffMerkley) May 16, 2024 Sen. Ron Wyden (D-OR) “It’s official, the Biden administration has taken a historic step toward ending reefer madness and bringing commonsense to federal cannabis policy,” Wyden said. “Now it’s time to follow the lead of 24 states and more than half the country by decriminalizing and putting in place smart federal regulations. Leader Schumer, Senator Booker and I have the bill to do it.” Sen. Kirsten Gillibrand (D-NY) Thank you, @POTUS. Reclassifying marijuana will lift barriers to research and promising medical treatments and begin to right the wrongs of our past. This is an encouraging first step — but I won't stop fighting until we fully deschedule and legalize marijuana. https://t.co/B0TIH8szZi — Sen. Kirsten Gillibrand (@gillibrandny) May 16, 2024 Sen. Ed Markey (D-MA) This is an important step forward as we work to right the wrongs of the War on Drugs. But we must go further to completely deschedule marijuana and expunge the records. https://t.co/s7jwano2BY — Ed Markey (@SenMarkey) May 16, 2024 Rep. Earl Blumenauer (D-OR) “We are one step closer to ending the failed war on drugs. Marijuana was scheduled more than 50 years ago based on stigma, not science,” Blumenauer said. “The American people have made clear in state after state that cannabis legalization is inevitable. The Biden-Harris Administration is listening.” Rep. Steve Cohen (D-TN) Since 1976, when I was the Memphis Police Legal Advisor, to my time in the TN State Senate from '82-'06 and throughout my entire service in Congress, I have been an unreserved supporter of liberalizing our #cannabis laws. It’s about time! https://t.co/ixpAE0SUZB — Steve Cohen (@RepCohen) May 16, 2024 Rep. Alexandria Ocasio-Cortez (D-NY) No more lives should be upended simply for possessing or using marijuana. While there’s still more to do to fully legalize marijuana, we welcome this historic move that addresses the barriers to employment, housing, and more that come with marijuana convictions. https://t.co/jim71V21wx — Rep. Alexandria Ocasio-Cortez (@RepAOC) May 16, 2024 Rep. Troy Carter (D-LA) #MarijuanaReform is one of my top priorities, and has been from the start of my career. I’m proud that this @WhiteHouse and @TheJusticeDept are taking another step toward justice and rectifying the inequities our nation’s approach to marijuana has contributed to. Marijuana use or… https://t.co/0rTQ4lgyE4 — Congressman Troy A. Carter (@RepTroyCarter) May 16, 2024 Rep. Tim Kaine (D-VA) This is great news—and a huge step towards decriminalizing marijuana from the Biden Administration. Too many people, particularly people of color, have been hurt by outdated marijuana laws. Now it’s time to decriminalize it. https://t.co/BwG7em8LGe — Tim Kaine (@timkaine) May 16, 2024 Rep. Seth Moulton (D-MA) It's ridiculous that marijuana has a higher-level classification than fentanyl and methamphetamine – the two drugs driving America's overdose epidemic. This move from the Biden administration is a step in the right direction. https://t.co/nseYvgbHvs — Seth Moulton (@sethmoulton) May 16, 2024 Rep. Ayanna Pressley (D-MA) This is another important step in addressing the shameful legacy of the War on Drugs.@POTUS must continue to use the power of clemency to pardon marijuana convictions, repair the harm caused by @TheJusticeDept, and set our communities on a pathway to healing. https://t.co/BPErXMZj64 — Congresswoman Ayanna Pressley (@RepPressley) May 16, 2024 Rep. Dwight Evans (D-PA) I continue to support this historic, positive step and I urge @TheJusticeDept to finalize the change. And I’ll continue to advocate for full legalization of #cannabis for adult use! I’ve voted for the MORE Act & will again when we have House leadership that will allow a vote. https://t.co/ml1JX68Z1n — Congressman Dwight Evans (@RepDwightEvans) May 16, 2024 Rep. Nikema Williams (D-GA) Cannabis justice is racial justice. Black, Latino and Indigenous people have carried the brunt of marijuana criminalization as a result of the failed War on Drugs.@POTUS and @TheJusticeDept continue moving in the right direction toward ending injustice and repairing lives. https://t.co/MB1kbdMjbe — Congresswoman Nikema Williams (@RepNikema) May 16, 2024 Rep. Dina Titus (D-NV) It made no sense that marijuana was classified the same as heroin and LSD. This important step of rescheduling will help researchers study the medical benefits of cannabis and legal businesses combat the unregulated black market. https://t.co/uRVvNqsdV0 — Dina Titus (@repdinatitus) May 16, 2024 Rep. Jared Huggman (D-CA) This is a major, long-overdue step forward. Now we need to finish the job to support the legal cannabis industry – like passing the SAFE Banking Act and my SHIP Act, so businesses can work with banks and fully participate in the economy. https://t.co/MRW2k50rDx — Rep. Jared Huffman (@RepHuffman) May 16, 2024 Rep. Gregory Meeks (D-NY) President Biden's commitment to righting historic wrongs continues with the move to reclassify marijuana from Schedule I to Schedule III under federal law. ⁰This step acknowledges the failures of past policies & opens doors to critical research and justice reform. — Rep. Gregory Meeks (@RepGregoryMeeks) May 16, 2024 Rep. André Carson (D-IN) This announcement is a critical moment for social justice. Black Americans are imprisoned for marijuana use at disproportionally higher rates than their white counterparts. This affects families long after incarceration, placing barriers to housing, employment, and education. https://t.co/gDvEeYfsBs — André Carson (@RepAndreCarson) May 16, 2024 Rep, Nikki Budzinski (D-IL) Glad to see the @TheJusticeDept move forward with reclassifying marijuana under federal law! If passed, this step would mean that marijuana will no longer hold a high-level classification over fentanyl and methamphetamine that are driving our overdose epidemic. https://t.co/7PBVFxjnBy — Rep. Nikki Budzinski (@RepNikkiB) May 16, 2024 Rep. Suzanne Bonamici (D-OR) Rescheduling cannabis is a step in the right direction toward ending a failed war on drugs policy that has ruined too many lives—particularly for Americans from communities of color and low-income communities. I applaud the Biden Administration for this needed action. — Suzanne Bonamici (@RepBonamici) May 16, 2024 Rep. Val Hoyle (D-OR) This historic decision is long overdue! Let's keep the progress rollin' to end the failed War on Drugs by fully descheduling and regulating cannabis. https://t.co/pF28sshfOV — Val Hoyle (@RepValHoyle) May 16, 2024 Rep. Haley Stevens (D-MI) It's time. Thank you, @POTUS. The criminalization of marijuana has disproportionately harmed Black and Brown communities. Now, let's make sure the benefits of legalization are accessible to every community. https://t.co/oMSl12ta6k — Rep. Haley Stevens (@RepHaleyStevens) May 16, 2024 Colorado Gov. Jared Polis (D) “The long wait is over and we thank President Biden and his administration for this major action on cannabis reform by moving marijuana from being in the same schedule as heroin to the schedule of codeine, acknowledging for the first time therapeutic use,” Polis said. “Colorado and 37 other states have taken comprehensive steps to legalize marijuana for medical or adult use, pushing our country past the failed era of prohibition.” “This action from the President is pro-freedom, and forward-thinking, and will help our economy and improve public safety,” he said. “Today we begin to say goodbye to burdensome 280E tax provisions and embrace an expansion of freedoms Coloradans and Americans deeply value.” California Gov. Gavin Newsom (D) California has the largest legal cannabis market in the world. This critical action will ease restrictions for entrepreneurs, reduce barriers for patients, and further bolster California’s efforts to strengthen our burgeoning regulated industry. https://t.co/KW4whttoOy — California Governor (@CAgovernor) May 16, 2024 Democratic National Committee BREAKING: President @JoeBiden took steps to deliver a historic victory for criminal justice reform and commonsense marijuana policy across America. pic.twitter.com/MqfXVwmt2O — The Democrats (@TheDemocrats) May 16, 2024 Florida Democratic Party Chair Nikki Fried America's failed approach to cannabis has impacted people's lives, prevented medical research, and economic opportunities. After almost 90 years, cannabis prohibition is finally ending. Thank you @POTUS for making this historical and bold decision. Is there still advocacy to… https://t.co/K5F8ccZvSr — Nikki Fried (@NikkiFried) May 16, 2024 Advocates and associations NORML “This recommendation validates the experiences of tens of millions of Americans, as well as tens of thousands of physicians, who have long recognized that cannabis possesses legitimate medical utility,” NORML Deputy Director Paul Armentano said. “But it still falls well short of the changes necessary to bring federal marijuana policy into the 21st century. Specifically, the proposed change fails to harmonize federal marijuana policy with the cannabis laws of most U.S. states, particularly the 24 states that have legalized its use and sale to adults.” “Nevertheless, as a first step forward, this policy change dramatically shifts the political debate surrounding cannabis. Specifically, it delegitimizes many of the tropes historically exploited by opponents of marijuana policy reform. Claims that cannabis poses unique harms to health, or that it’s not useful for treating chronic pain and other ailments, have now been rejected by the very federal agencies that formerly perpetuated them. Going forward, these specious allegations should be absent from any serious conversations surrounding cannabis and how to best regulate its use.” National Cannabis Industry Association (NCIA) “On behalf of thousands of legal businesses operating across the country, we commend President Biden for taking this important first step toward a more rational marijuana policy,” NCIA CEO Aaron Smith said. “Now it’s time for Congress to enact legislation that would protect our industry, uphold public safety, and advance the will of the voters who overwhelmingly support making cannabis legal for adults.” “Rescheduling alone does not fix our nation’s state and federal cannabis policy conflict. Only Congress can enact the legislation needed to fully respect the states and advance the will of the vast majority of voters who support legal cannabis,” he said. U.S. Cannabis Council (USCC) “The US Cannabis Council strongly supports the DEA’s proposal to reclassify cannabis. Moving cannabis down to Schedule III would signal a tectonic shift away from the failed policies of the last 50 years,” Executive Director Edward Conklin said. “Cannabis never belonged on Schedule I. Thanks to President Biden and his Administration, the federal government will soon turn the page on prohibition and set the stage for further reforms,” he said. “The proposed rule implements the recommendations of the Department of Health and Human Services, following an extensive scientific review by the Food and Drug Administration. It also happens to be overwhelmingly popular with the American public.” We strongly support the DEA’s proposal to reclassify cannabis. Moving cannabis down to Schedule III would signal a tectonic shift away from the failed policies of the last 50 years. — US Cannabis Council (@USCannabisCncl) May 16, 2024 “Our ultimate goal is federal legalization, and we see Schedule III as a necessary and critical step along the way,” Conklin said. “We will submit comments in the coming days in support of the proposed rule.” Drug Policy Alliance (DPA) “When it comes to marijuana rescheduling, President Biden’s words are failing to match his administration’s actions. In a new video, he asserts that no one should be in jail for marijuana, and yet his support for the proposal to reschedule marijuana from Schedule I to Schedule III will continue the federal criminalization of marijuana,” Kassandra Frederique, executive director of DPA, said. “His comments reveal a fundamental misunderstanding of how marijuana rescheduling will impact our communities.” “Rescheduling marijuana to Schedule III would result in tax benefits for marijuana businesses and pharmaceutical corporations but would otherwise maintain the failed status quo. Under Schedule III, federal criminalization would remain in place, meaning arrests, deportations, and family separations for marijuana would continue. Federal food, housing, and education benefits would continue to be withheld from people with a marijuana record. People would remain behind bars for marijuana. And Schedule III would continue the glaring disconnect between state legal regulation programs and federal law.” American Civil Liberties Union (ACLU) NEW: President Biden just announced that cannabis will be rescheduled as a lower-risk Schedule III substance. While this is a step in the right direction, more must be done at the federal and state levels to address the disproportionate harm that the War on Drugs has caused in… — ACLU (@ACLU) May 16, 2024 National Cannabis Roundtable (NCR) “With the submission of the proposed rule today, the formal administrative process to remove cannabis from the strictest of classifications—where it never belonged—we are moving closer to seeing the most monumental cannabis reform in half a century come to fruition,” Saphira Galoob, executive director of NCR, said. “Just as today’s news is another step forward in the ongoing administrative process that began with the October 2022 directive by President Biden, rescheduling is also a step towards larger federal cannabis reforms.” “This is an acknowledgment by the multiple federal agencies of what the 38 states with medical programs, 30,000 medical practitioners recommending cannabis, and six million medical cannabis patients have long known: cannabis has medical value. But our work does not end here. While we continue to commend President Biden, the DOJ, and HHS for following the science and not ignoring the need for federal cannabis policies to shift after decades of state leadership, Congress must also take action to further this progress.” American Trade Association of Cannabis and Hemp (ATACH) “Think about what we are witnessing: both the US Food and Drug Administration and Drug Enforcement Administration—the most important arms of federal control—are saying cannabis is medicine with the federal government now publishing a rule placing marijuana in Schedule III,” ATACH President Michael Bronstein said. “This view is what we as advocates have advanced for the last 20 years. It is a statement as bold as it is stunning, given the source. Today the dam of federal prohibition has a meaningful crack.” Coalition for Cannabis Scheduling Reform (CCSR) “We are thrilled to see a proposed rule from the DEA that will move cannabis to Schedule 3,” Bryan Barash, co-chair of CCSR, said. “This is a huge victory for everyone who has worked to normalize federal cannabis policy and begins the process of federal support for state cannabis markets. Most importantly, for the first time the federal government recognizes the overwhelming evidence of the clear medical benefits of cannabis.” National Association of Criminal Defense Lawyers (NACDL) “The recognition of cannabis as a less harmful substance is a welcome development, but decriminalization and decarceration efforts should remain paramount,” NACDL President Michael Heiskell said. “To address the failures of mass incarceration, which have disproportionately impacted poor people and communities of color, Congress must enact comprehensive reform.” “This should include removing cannabis from the federal controlled substances list, establishing a regulatory framework for the industry, and providing retroactive relief in the form of clemency for individuals currently incarcerated on federal marijuana charges,” he said. “NACDL believes regulating cannabis similarly to tobacco and alcohol is the most effective approach to undo the harms of mass incarceration and prevent continued federal prosecution.” Cannabis Freedom Alliance (CFA) We do not oppose the Biden Administration's move to reschedule cannabis but do urge it to consider alternatives like working with Congress to deschedule the substance. @dianemgoldstein @GLawNV See our full press release at https://t.co/eUsGMAQgvL. pic.twitter.com/g9FSdZaUXl — Cannabis Freedom Alliance (@CannabisFreedo1) May 16, 2024 Last Prisoner Project (LPP) “As President Biden takes this crucial step towards cannabis reclassification, we acknowledge the progress made in recognizing the failures of our past approach,” Sarah Gersten, executive director of LPP, said. “Yet, rescheduling alone won’t rectify the injustices endured by countless individuals affected by cannabis criminalization.” “While we commend efforts to advance progress and reduce barriers, true justice requires more. We stand firm in our commitment to advocating for complete descheduling, retroactive relief, and comprehensive legalization,” she said. “Every step forward must be accompanied by tangible actions to expunge records, release prisoners, and restore lives. We urge continued bipartisan cooperation and decisive action to right the wrongs of the War on Drugs.” Industry Stakeholders Vicente LLP “The DEA’s proposal to reclassify cannabis sets the stage for what would be a colossal shift in U.S. drug policy,” Shawn Hauser, partner at Vicente LLP, said. “After more than 50 years, the agency is finally acknowledging that cannabis has significant medical value and ought to be treated as such. Moving cannabis from Schedule I to Schedule III is not the last step—but it is a crucial step—in ending marijuana prohibition once and for all.” NisonCo “While the potential rescheduling of cannabis to Schedule III is a step forward, true progress lies in complete de-scheduling and regulation akin to alcohol,” Evan Nison, president NisonCo, said. “Let’s remain cautiously optimistic but not lose sight of the ultimate goal: full legalization and equitable regulation.” Poseidon Investment Management “The cannabis industry has been anxiously awaiting news from the Office of Management and Budget regarding the rescheduling process of cannabis,” Morgan Paxhia, managing director of Poseidon, said. “This uncertainty has been partially cured today, another historic step forward for US legal cannabis. It is imperative that cannabis reach Final Rule and be published to the Federal Register this year as far ahead of the election as possible.” Opponents BIDEN RESCHEDULING RECOMMENDATION AFFIRMS MARIJUANA’S ILLEGAL STATUS Though Marijuana Would Remain Illegal, Election-Year Decision To Reschedule Marijuana Would be a Boon for Pot Investors Pushing a Demonstrably Dangerous Drug Statement from SAM President @KevinSabet pic.twitter.com/87Wc3jIpMY — SAM (@learnaboutsam) May 16, 2024 Federal Marijuana Prohibition Makes Youth Prevention Efforts ‘More Difficult,’ Top Anti-Drug Group Official Says The post Lawmakers, Advocates And Stakeholders React To Biden’s Marijuana Rescheduling Announcement appeared first on Marijuana Moment. View the live link on MarijuanaMoment.net

A California Senate committee has effectively killed a bill to legalize psychedelic service centers where adults 21 and older could access psilocybin, MDMA, mescaline and DMT in a supervised environment with trained facilitators. After moving through two other panels over the past month, the Senate Appropriations Committee declined to send the measure from Sen. Scott Wiener (D) to the floor—yet another setback for advocates. The “Regulated Therapeutic Access to Psychedelics Act” was drafted in a way that was meant to be responsive to concerns voiced by Gov. Gavin Newsom (D) last year when he vetoed a broader proposal that included provisions to legalize low-level possession of substances such as psilocybin. Instead, the revised bill would have provided regulated access to psychedelics in a facilitated setting, without removing criminal penalties for possession outside of that context. It did not lay out any specific qualifying medical conditions that a person would need to have in order to access the services. “We’ve been working for four years to legalize access to psychedelics in California, to bring these substances out of the shadows and into the sunlight, and to improve safety and education around their use,” Wiener told Marijuana Moment on Thursday. “We’re in a terrible budget year, where all bills with significant costs are at risk.” “Nevertheless, it’s disappointing for this bill not to move forward. Psychedelics have massive promise in helping people heal and get their lives back on track,” he said. “It makes enormous sense for California to lead in creating regulated access under the supervision of a licensed professional. I’m highly committed to this issue, and we’ll continue to work on expanding access to psychedelics.” The measure had already undergone a series of mostly technical amendments before reaching committee. Wiener also agreed to revise the legislation at last month’s hearing to make it so psychedelics facilitators would have needed to have an existing professional health license, such as those for psychiatrists, social workers, drug and alcohol counselors and nurse practitioners. Advocates were already disappointed to see the governor, who championed marijuana legalization while serving as the state’s lieutenant governor, reject the earlier psychedelics measure from Wiener last year. But the senator said he was encouraged that Newsom “constructively” recommended a dialed-back pathway to reform. SB 1012 is a “direct response to the governor’s request,” Wiener’s office said last month. But on Thursday, the Appropriations Committee effectively blocked the measure from reaching the governor’s desk this session. This setback comes days after a coalition of advocates launched a new organization called the Alliance for Safer Use of Psychedelics (ASUP). The group bills itself as a collection of researchers, health professionals, educators, veterans, first responders and other experts who backed Wiener’s psychedelics bill. “We are deeply disappointed that the Legislature has missed this opportunity after four years of debate to enact a policy that would create a responsible program and promote the safer use of psychedelics in California and create a model policy for the rest of the country,” Jared Moffat, ASUP’s campaign director, said in a press release on Thursday. “Californians will continue to seek out psychedelics for all sorts of reasons, including to help alleviate mental health challenges like PTSD, depression and anxiety,” he said. “Many will do so without guided support and use psychedelics on their own, which increases risks. Veterans and others will continue to leave the country or go underground to seek unregulated services that may be unsafe.” “As the Alliance, we’re committed to this issue, and will be discussing internally our path forward to continue educating the public and promoting safety after repeated inaction through the legislative process. We’re not backing down, and will keep pushing to ensure facilitated access to psychedelics becomes a reality in California and that Californians are protected from harm.” Meanwhile, the alliance is also supporting an effort by one of its members, the Coalition for Psychedelic Safety and Education (CPSE), to advocate for psychedelics-related education. CPSE proposed amendments to last session’s bill from the senator, and it ultimately opposed it because of its decriminalization provisions, but it worked with the sponsors to advance the now-stalled legislation. “With its emphasis on public health education and professional oversight, SB 1012 paves the way for informed and responsible psychedelic use in California,” CPSE Executive Director Susan Sagy said in a press release. “Without safety nets and robust education to inform of risks, the unregulated use of psychedelics is rising in the state and causing an increase in hospitalizations due to adverse effects.” Here’s are the main provisions of SB 1012: Adults 21 and older could access psilocybin, psilocyn, DMT, mescaline (excluding peyote) and MDMA at licensed facilities with trained facilitators. Facilitators would need to undergo training and obtain a license under a professional board that’d be established under the California Department of Consumer Affairs (DCA). The board would be overseen by an expert oversight committee under the Business, Consumer Services, and Housing Agency (BCSHA)—with members appointed by the governor. The bill would establish a “Division of Regulated Psychedelic-Assisted Therapy” under the BCSHA that would be tasked with regulating the psychedelics program. Regulators would need to develop rules to allow for the licensing of producers and laboratory testing facilities for psychedelics. The bill would not restrict psychedelic services to people with a specific set of qualifying medical conditions. Individuals interested in participating in the psychedelic services would need to submit to a health and safety screening. Facilitators would be required to conduct follow-up appointments with participants, report any adverse effects and provide integration services. The legislation would create a public-private fund that’d be tasked with promoting public education around the safe use of psychedelic substances. Psychedelics would remain prohibited outside of the licensed service centers, and there would be no commercial sales component of the law. Regulators would also need to ensure that psychedelic services are affordable and accessible to low-income populations. A “Public Education and Harm Reduction Fund” would also be created to support efforts to educate the public about the potential benefits and risks of psychedelics. Meanwhile, Assemblymember Marie Waldron (R), the lead on the Assembly side, is sponsoring a separate psychedelics bill focused on promoting research and creating a framework for the possibility of regulated therapeutic access that has already moved through the Assembly this year with unanimous support. It’s possible that lawmakers and advocates supportive of Wiener’s bill may rally for the dialed-back proposal now that broader psychedelics services legalization seems to be dead for the session. — Marijuana Moment is tracking more than 1,400 cannabis, psychedelics and drug policy bills in state legislatures and Congress this year. Patreon supporters pledging at least $25/month get access to our interactive maps, charts and hearing calendar so they don’t miss any developments. Learn more about our marijuana bill tracker and become a supporter on Patreon to get access. — Separately, a California campaign to put psilocybin legalization on the state’s November ballot recently announced that it did not secure enough signature to qualify in time for a deadline. Another campaign filed and then abruptly withdrew an initiative to create a $5 billion state agency tasked with funding and promoting psychedelics research last year. A third campaign also entered the mix late last year, proposing to legalize the possession and cultivation of substances like psilocybin, LSD, MDMA, DMT, ibogaine and mescaline. People could buy them for therapeutic use with a doctor’s recommendation. Advocates for that measure still have time to gather and turn in signatures. The California Legislative Analyst’s Office (LAO) has since released its review of that proposal, outlining not only the plan’s policy implications but also its potential fiscal impacts on the state—which the report calls “various” and “uncertain.” Some California municipalities, meanwhile, are pushing forward with reform on the local level. The city of Eureka, for example, adopted a resolution in October to decriminalize psychedelic plants and fungi and make enforcement of laws against personal use, cultivation and possession a low priority for police. It’s at least the fifth local jurisdiction in the state to embrace the policy change. Others include San Francisco, Oakland, Santa Cruz and Arcata. Biden Makes Historic Marijuana Rescheduling Announcement, Applauding ‘Monumental’ Move To Reverse ‘Longstanding Inequities’ The post California Psychedelics Bill Stalls Out In Final Senate Committee Despite Governor’s Openness To Reform appeared first on Marijuana Moment. View the live link on MarijuanaMoment.net

The Justice Department announced on Thursday that Attorney General Merrick Garland has formally initiated the process to reschedule marijuana—releasing DOJ’s proposed rule and a separate legal opinion that informed the decision but which also seemed to signal skepticism from the Drug Enforcement Administration (DEA). Shortly after President Joe Biden announced that the administration is moving to reclassify cannabis as a Schedule III drug under the Controlled Substances Act (CSA), DOJ said Garland “has submitted to the Federal Register a notice of proposed rulemaking initiating a formal rulemaking process.” It included both the proposed rule that will be published in the Federal Register, kicking off a 60-day public comment period, as well as an Office of Legal Council (OLC) opinion that generally supported the rescheduling action from a legal perspective. Much of the narrative included in both documents suggests that the Justice Department exercised its authority to make a scheduling determination despite DEA, which has historically been delegated rescheduling authority, seemingly pushing back on the criteria used to justify the modest reform. Moving marijuana to Schedule III would not federally legalize it, but it would recognize that cannabis has some accepted medical value and a relatively low abuse potential. The draft rule points out that, following a scientific review directed by Biden, the U.S. Department of Health and Human Services (HHS) concluded that a Schedule III reclassification was appropriate. However, “DEA has not yet made a determination as to its views of the appropriate schedule for marijuana.” “The CSA vests the Attorney General with the authority to schedule, reschedule, or decontrol drugs,” it says. “The Attorney General has delegated that authority to the DEA Administrator, but also retains the authority to schedule drugs under the CSA in the first instance.” “The HHS Assistant Secretary for Health has provided a recommendation for transferring marijuana to schedule III,” it says. “In light of that recommendation, the Attorney General is exercising the Attorney General’s authority under 21 U.S.C. 811(a) to initiate a rulemaking that proposes the placement of marijuana in schedule III.” Justice Department Submits Proposed Regulation to Reschedule Marijuana Proposed Rule Seeks to Move Marijuana from Schedule I to Schedule III, Emphasizing its Currently Accepted Medical Use in Treatment in the United States : https://t.co/LofmHcq8AD pic.twitter.com/Vn6hSzuNDR — U.S. Department of Justice (@TheJusticeDept) May 16, 2024 The rule goes through the eight-factor drug scheduling analysis, detailing HHS’s findings on each of the criterion such as abuse potential, pharmacological effects, public health risks, dependence liability and more. “Overall, these data demonstrate that, although marijuana is associated with a high prevalence of abuse, the profile of and propensity for serious outcomes related to that abuse lead to a conclusion that marijuana is most appropriately controlled in schedule III under the CSA,” it says. “After considering the foregoing facts and data and the recommendation of HHS, and after according binding weight to HHS’s scientific and medical determinations, the Attorney General concludes that there is, at present, substantial evidence that marijuana does not warrant control under schedule I of the CSA.” Notably, the proposed rule clarifies that the rescheduling action “would not apply to synthetically derived THC, which is outside the CSA’s definition of marijuana.” Also, it explains that cannabis would continue to be subject to the Federal Food, Drug, and Cosmetic Act (FDCA), which means cannabis products would require Food and Drug Administration (FDA) approval in order to be lawfully introduced into interstate commerce. FDA typically does not grant such approval to botanical substances; instead, it has so far only authorized the use of synthetic THC or CBD-derived medications as prescription drugs for certain conditions. To that end, DOJ emphasized that marijuana would continue to be considered federally illegal, and cannabis-related activity would continue to be criminalized, even if it is rescheduled. “If marijuana is transferred to schedule III, the regulatory controls applicable to schedule III controlled substances would apply, as appropriate, along with existing marijuana-specific requirements and any additional controls that might be implemented, including those that might be implemented to meet U.S. treaty obligations. The manufacture, distribution, dispensing, and possession of marijuana would also remain subject to applicable criminal prohibitions under the CSA.” At several points throughout the document, it notes that DEA believes “additional information” that could be collected via public comment or a possible administrative hearing could influence the final scheduling decision. Adding to questions about a possible disconnect between DOJ and DEA over the proposal is the fact that the attorney general, rather than the DEA administrator, signed the draft rule. It was previously reported that certain DEA officials have been “at odds” with the Biden administration over the rescheduling push. “Based on the legal opinion of OLC and consideration of the scientific and medical evaluation and accompanying recommendation of HHS, the Attorney General is initiating a rulemaking that proposes the placement of marijuana in schedule III of the CSA,” the proposed rule says. “DOJ is soliciting comments on this proposal.” A key component of the Justice Department’s rationale for the rescheduling proposal came from a legal analysis from OLC, which considered questions about DEA’s standards for assessing medical value, HHS’s revised review process and potential implications of rescheduling on international treaty obligations, for example. OLC concluded that “DEA’s current approach to determining whether a drug has a [currently accepted medical use (CAMU)] is impermissibly narrow, and that satisfying HHS’s two-part inquiry is sufficient to establish that a drug has a CAMU even if the drug has not been approved by FDA and would not satisfy DEA’s five-part test.” It also determined that HHS’s rescheduling recommendation is binding on DEA—but only until a formal rulemaking process is initiated. But even after that point, “DEA must continue to accord HHS’s scientific and medical determinations significant deference.” Finally, it concluded that neither the United Nations (UN) Single Convention treaty nor the CSA require DEA to keep marijuana in either Schedule I or Schedule II, as the agency has asserted in previous rejections of rescheduling petitions such as a 2016 denial. “Both the Single Convention and the CSA allow DEA to satisfy the United States’ international obligations by supplementing scheduling decisions with regulatory action, at least in circumstances where there is a modest gap between the Convention’s requirements and the specific restrictions that follow from a drug’s placement on a particular schedule,” OLC said. “As a result, DEA may satisfy the United States’ Single Convention obligations by placing marijuana in Schedule III while imposing additional restrictions pursuant to the CSA’s regulatory authorities.” Certain conservative congressional lawmakers and prohibitionist groups have insisted that cannabis cannot be placed in Schedule III without violating international treaty obligations. The documents are being released about two weeks after the Justice Department confirmed that DEA was moving to reclassify cannabis as a Schedule III drug. The public comment period that will soon open is expected to receive historic attention given widespread public support for broad legalization and competing perspectives about the appropriateness of a Schedule III designation. On the one hand, many advocates have welcomed the rescheduling determination, given that it represents the first time in over 50 years that the federal government has recognized the medical value and relatively low abuse potential of a plant that’s been legalized in some form in the vast majority of states. On the other hand, activists have emphasized that rescheduling does not federally legalize marijuana or provide corrective relief to people who’ve been criminalized over it. And, of course, prohibitionists have urged DEA to keep marijuana in Schedule I and are expected to litigate if the agency moves forward with the incremental reform. DEA Administrator Anne Milgram has also acknowledged the possibility of an administrative hearing to gain further input on the decision before its finalized. The Congressional Research Service (CRS) has also weighed in on the rescheduling development, saying in a report that while it was “likely” that DEA would enact the policy change, that would not bring state markets into compliance with federal law. It added that Congress still has the authority to address the federal-state cannabis policy gap “before or after” that reform is enacted. To that end, Senate Majority Leader Chuck Schumer (D-NY) and colleagues have reintroduced legislation to federally legalize cannabis and impose certain regulations. The bill’s prospects are dubious in the current divided Congress, however. Meanwhile, the top Democrat in the U.S. House said that the Biden administration’s move to reschedule marijuana is a “step in the right direction,” but it should be followed up with congressional action such as passing the legalization bill Schumer filed. In a recent interview with Fox News, former DEA Administrator Asa Hutchinson said it “absolutely looks like” the agency will follow through with moving marijuana from Schedule I to Schedule III under the CSA. Biden has separately issued two rounds of mass pardons for people who’ve committed federal marijuana possession offenses. Again, a Schedule III reclassification would not legalize cannabis or free people still incarcerated over cannabis. It should also be noted that, during his run for the presidency, Biden pledged to move cannabis to Schedule II—a stricter category compared to what’s been proposed by his administration. Federal Marijuana Prohibition Makes Youth Prevention Efforts ‘More Difficult,’ Top Anti-Drug Group Official Says The post Attorney General Formally Moves To Reschedule Marijuana, But DEA Signals Resistance Despite DOJ Legal Review appeared first on Marijuana Moment. View the live link on MarijuanaMoment.net

President Joe Biden has announced that his administration is officially moving to reschedule marijuana under federal law, applauding the “monumental” action that follows an extensive administrative review that he directed. The Justice Department will soon post its proposed rule to move cannabis from Schedule I to Schedule III under the Controlled Substances Act (CSA) in the Federal Register, a senior administration official said on Thursday. There will then be a 60-day public comment period before the rule is potentially finalized. “This is monumental,” Biden said in a video announcing the rescheduling news. “Today my administration took a major step to reclassify marijuana from a Schedule I to a Schedule III drug. It’s an important move towards reversing longstanding inequities.” “Today’s announcement builds on the work we’ve already done to pardon a record number of federal offenses for simple possession of marijuana,” he said. “It adds to the action we’ve taken to lift barriers to housing, employment, small business loans, and so more for tens of thousands of Americans.” Right now, marijuana has a higher-level classification than fentanyl and methamphetamine – the two drugs driving America's overdose epidemic. That just doesn't add up. — President Biden (@POTUS) May 16, 2024 “Look folks no one should be in jail for merely using or possessing marijuana. Period,” the president said, echoing a point he’s made repeatedly in recent months. “Far too many lives have been upended because of a failed approach to marijuana and I’m committed to righting those wrongs. You have my word on it.” Vice President Kamala Harris, who recently called for federal legalization in a closed-door meeting with marijuana pardon recipients, said in a separate video on Thursday that, “currently marijuana is classified on the same level as heroin and more dangerous than fentanyl.” “We are finally changing that. But I want to thank all of the advocates and everyone out there for helping to make this possible and we are on the road to getting it done,” she said. President Biden and I vowed to address injustices in marijuana policy. Today, our Administration takes another major step forward. pic.twitter.com/GxFOFeU0DU — Vice President Kamala Harris (@VP) May 16, 2024 The White House announcement comes about two weeks after the Justice Department confirmed that the Drug Enforcement Administration [DEA] was moving to reclassify cannabis as a Schedule III drug. “President Biden has been clear: No one should be in jail just for using or possessing marijuana,” an administration official said. “Sending people to prison for possessing marijuana has upended too many lives and have led to needless barriers to employment, housing, and education.” In the Notice of Proposed Rulemaking (NPRM), the Justice Department “proposes rescheduling marijuana from Schedule I to Schedule III,” they said. “Marijuana is currently classified higher than fentanyl and meth—the drugs driving our Nation’s overdose epidemic.” The public comment period that will soon open is expected to receive historic attention given widespread public support for broad legalization and competing perspectives about the appropriateness of a Schedule III designation. No one should be in jail just for using or possessing marijuana. Today’s announcement builds on the work we’ve already done to pardon a record number of federal offenses for simple possession of marijuana. I’m committed to writing those historic wrongs. You have my word. — President Biden (@POTUS) May 16, 2024 On the one hand, many advocates have welcomed the rescheduling determination, given that it represents the first time in over 50 years that the federal government has recognized the medical value and relatively low abuse potential of a plant that’s been legalized in some form in the vast majority of states. On the other hand, activists have emphasized that rescheduling does not federally legalize marijuana or provide corrective relief to people who’ve been criminalized over it. And, of course, prohibitionists have urged DEA to keep marijuana in Schedule I and are expected to litigate if the agency moves forward with the incremental reform. DEA Administrator Anne Milgram has also acknowledged the possibility of an administrative hearing to gain further input on the decision before its finalized. The Congressional Research Service (CRS) has also weighed in on the rescheduling development, saying in a report that while it was “likely” that DEA would enact the policy change, that would not bring state markets into compliance with federal law. It added that Congress still has the authority to address the federal-state cannabis policy gap “before or after” that reform is enacted. To that end, Senate Majority Leader Chuck Schumer (D-NY) and colleagues have reintroduced legislation to federally legalize cannabis and impose certain regulations. The bill’s prospects are dubious in the current divided Congress, however. Meanwhile, the top Democrat in the U.S. House said that the Biden administration’s move to reschedule marijuana is a “step in the right direction,” but it should be followed up with congressional action such as passing the legalization bill Schumer filed. In a recent interview with Fox News, former DEA Administrator Asa Hutchinson said it “absolutely looks like” the agency will follow through with moving marijuana from Schedule I to Schedule III under the CSA. The White House previously declined to say whether President Joe Biden personally supported the Justice Department’s plan to reschedule marijuana following the review that he directed. White House Press Secretary Karine Jean-Pierre has repeatedly avoided commenting directing on the administration’s position on the specific rescheduling proposal. However, she said recently that the review the president directed is part of fulfilling the pledge he made to voters in the 2020 election. Biden has issued two rounds of mass pardons for people who’ve committed federal marijuana possession offenses. A Schedule III reclassification would not legalize cannabis or free people still incarcerated over cannabis. It should also be noted that, during his run for the presidency, Biden pledged to move cannabis to Schedule II—a stricter category compared to what’s been proposed by his administration. German Lawmakers Will Consider Changes To Marijuana Legalization Law Related To Social Clubs And Impaired Driving This Week The post Biden Makes Historic Marijuana Rescheduling Announcement, Applauding ‘Monumental’ Move To Reverse ‘Longstanding Inequities’ appeared first on Marijuana Moment. View the live link on MarijuanaMoment.net

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Federal marijuana prohibition “makes it even more difficult” to implement unified health and safety policies across state markets, a member of a leading prohibitionist organization says. During a webinar on cannabis policy issues on Wednesday, staff with the non-profit Community Anti-Drug Coalitions of America (CADCA) discussed a variety of regulatory concerns amid the state reform movement—but often framed them in ways that suggested legalization is inevitable and also pointed to specific regulations within legal frameworks that they preferred. While CADCA as a national institution has opposed congressional bills to legalize marijuana and free up banks to work with state-licensed cannabis businesses, the webinar offered a more nuanced perspective, with staff focused on youth prevention departing from a strict prohibition perspective and signaling that it may ultimately be more effective to achieve certain key goals by working within legalization models to affect change. Lesley Gabel, who serves on CADCA’s Coalition Development Support Team (CDS), said for example that it would be “great” if there were universal warning symbols on cannabis products that could be identified across the patchwork of state cannabis markets to ensure that consumers, particularly youth, are aware of the THC content. But she said that’s “hard because it’s federally illegal, so that makes it even more difficult to work in prevention to have something like this.” Despite CADCA’s consistent opposition to marijuana reform, conversation during webinar gave a sense that, among certain membership at least, there’s an understanding that legalization may be inevitable, and so it’s important to consider methods of mitigating possible public safety harms without necessarily outright opposing all attempts at reform. Marijuana Moment that asked Gabel whether she could envision a scenario where CADCA supports a federal legalization bill if it included their desired safeguards. She said while she doesn’t speak on behalf of CADCA, “the one thing CADCA and all of us in prevention would certainly agree upon is: How can we come together and unite to have some of the prevention that we can standardize and have a collective front?” “We know that, when we work together cohesively and with some of these common strategies and common things that we know will work across all places, then that’s certainly something I’m sure that we could all try to find a way to come together,” she said. “What that looks like, I’m not quite sure. But it would certainly be great for us to find a way to unite, especially around the packaging and labeling.” There were other telling moments from the virtual event, which effectively provided supporters and prospective members with a roadmap to influencing marijuana policy that goes beyond strict prohibitionism. For instance, at one point the hosts talked about different ways that states with legal cannabis markets have distributed tax revenue to support programs that they favor, particularly when it comes to youth prevention efforts. In California, “they use their tax revenue for youth prevention, education, a treatment fund, as well as childcare and community reinvestment,” Jerria Martin, a program manager at CADCA, said. “Oregon uses tax revenue for drug misuse prevention and treatment programs.” “Whether it’s prevention, recovery, treatment or even just education and public safety programs, we’re seeing states now taking that smart move and putting that tax [revenue] there and actually using this to assist the communities,” she said. Later in the webinar, the CADCA members pull up a series of charts from a 2021 study published by the American Medical Association (AMA) that showed how state-level marijuana legalization is associated with dramatic decreases in cannabis-related arrests and a major narrowing of racial disparities in such arrests. “It’s just definitely, again, something to take into consideration when you have that policy in place or don’t,” Martin said. Marijuana Moment reached out to CADCA for comment about the webinar, but a representative was not immediately available. CADCA also found itself at the center of a controversy in 2022, pulling a page listing corporate sponsors such as NFL, Krispy Kreme and several pharmaceutical companies from its site after cannabis advocates called them out for supporting an anti-reform agenda. Another CADCA member unsuccessfully attempted to block a marijuana legalization ballot initiative in Missouri that same year. Most recently, the organization has called on supporters to contact their congressional representatives and urge them to close a “loophole” in the next Farm Bill by banning hemp-derived intoxicating cannabinoids. Congressional Researchers Update Lawmakers On ‘Legal Consequences’ Of Federal Marijuana Prohibition In Light Of Rescheduling Effort Photo courtesy of Brian Shamblen. The post Federal Marijuana Prohibition Makes Youth Prevention Efforts ‘More Difficult,’ Top Anti-Drug Group Official Says appeared first on Marijuana Moment. View the live link on MarijuanaMoment.net

“I would simply echo that the best regulation is the elimination of this illegitimate industry.” By Wesley Muller, Louisiana Illuminator Louisiana lawmakers are one step away from dismantling a consumable hemp industry they created two years ago after unwittingly legalizing products that can get people high. Senate Bill 237, sponsored by Sen. Thomas Pressly (R-Shreveport), cleared the House Committee on Administration of Criminal Justice in a 7–5 vote Tuesday. The bill, for which 67 lobbyists and organizations filled out cards in opposition, would make it illegal to manufacture or sell products that contain any amount of tetrahydrocannabinol, the psychoactive compound in cannabis called THC for short, unless they are licensed medical marijuana products. In 2022, the Louisiana Legislature legalized hemp edibles with limited amounts of delta-9 THC for adults 21 and older. Some lawmakers say they only voted for it based on then-House Speaker Clay Schexnayder’s claim that it would take “tractor-trailer loads” of the stuff to get high. At the time, the Republican speaker was repeating a misleading, though perhaps technically accurate, statement a hemp farmer had made during a committee hearing. Related to the marijuana plant, hemp is a type of cannabis with very low levels of THC. Still, manufacturers of consumable hemp products are able to extract those small amounts of THC and concentrate them into levels that can produce an intoxicating effect. Tuesday’s vote fell mostly along party lines with Republicans voting in favor of the repeal, except for Rep. Chad Boyer of Breaux Bridge, who sided with Democrats against it. Pressly’s proposal drew similar partisan lines in the Senate, with every Republican endorsing it and most Democrats opposing it except for Sen. Cleo Fields of Baton Rouge and Sen. Royce Duplessis of New Orleans. The House committee members heard Tuesday from several business owners who testified that the bill would effectively destroy the consumable hemp industry and kill jobs. There are more than 2,000 licensed hemp businesses in Louisiana, according to the state Office of Alcohol and Tobacco Control. Paige Melancon, owner of Louisiana Hemp Extractors, spoke in worried tones when he told the committee Pressly’s bill would force him to close his factory, which he said is one of the largest hemp manufacturing facilities in the country. Melancon started the business just a few years ago when the state began loosening its cannabis laws. “I feel like I’m being fired right now,” Melancon told the lawmakers, “and I want you guys to come with me and fire my employees when we leave here, if you choose to do that.” — Marijuana Moment is tracking more than 1,500 cannabis, psychedelics and drug policy bills in state legislatures and Congress this year. Patreon supporters pledging at least $25/month get access to our interactive maps, charts and hearing calendar so they don’t miss any developments. Learn more about our marijuana bill tracker and become a supporter on Patreon to get access. — Brushing aside the business closures and tax revenue loss the state might see if the bill is approved, some Republicans on the committee repeatedly voiced their disapproval with the idea of “getting high.” Rep. Bryan Fontenot (R-Thibodaux) said the consumable hemp industry is selling products that intoxicate people. To back up his claim, he held up a photograph of a head shop near his home called LA Sky High. Fontenot’s point didn’t land with Rep. Alonzo Knox (D-New Orleans), who said one could make the same claim about beer and liquor stores. “Even if someone were to buy the product to get high, what’s the problem with that?” Knox asked. Among those backing Pressly’s bill is Gene Mills, president of Louisiana Family Forum, a conservative Christian lobbying group that claims to “champion free-market economics, entrepreneurship and private property” as well as “limited government,” according to its website. “Our vision is to build a Louisiana where God is honored, life is respected, families flourish and liberties reign,” Mills said. Mills and other proponents of Pressly’s bill pointed to the lack of consistency with serving sizes and THC concentrations among products. They also said manufacturers are packaging consumable hemp products in ways that appeal to kids. For every witness who testified about the dangers of high THC dosages, Knox told them he “totally agreed” with them and asked why those issues couldn’t be solved with proper regulation. “I would simply echo that the best regulation is the elimination of this illegitimate industry,” Mills responded. Pressly and Mills referred numerous times to the misleading claim about “tractor-trailer loads” of hemp that Schexnayder repeated to the House years ago. They displayed various products they claimed had dangerous doses of hemp extract, including a can of lemonade with 50 milligrams of THC. The 2022 law called for a maximum of 8 milligrams per serving, but it also mistakenly allowed manufacturers to determine serving sizes and did not limit the number of servings in a single product. As a result, some manufacturers exploited that loophole and started putting multiple 8 milligram servings into single packages. “Is the packaging basically a scam?” Rep. Tony Bacala (R-Prairieville) asked. The Louisiana Department of Health adopted emergency regulations last year to correct some of the issues, but the Legislature has still not fixed the statutory provision that allows manufacturers to set the number of servings per product. Lawmakers could solve the problem with appropriate legislation that corrects the language in the law “rather than killing an entire industry,” Knox said. “Is the intent to get rid of an entire industry?” he asked Pressly. “The intent is to get rid of an intoxicating product,” Pressly replied. Crescent Canna CEO Joe Gerrity pointed out that Pressly’s bill does nothing to prohibit consumers in Louisiana from purchasing the same hemp products online from other states. As a result, he said, the bill will only deprive Louisiana of tax revenue without actually banning the product. “You can go online right now and purchase products that far exceed the THC regulations that this body has set forth without any problem, without any real age verification and to no benefit of anybody in Louisiana,” Gerrity said. Gerrity’s company has manufacturing facilities in other states but sells some of his products in Louisiana, including the lemonade drink Pressly displayed earlier to the committee. When asked why he has no facilities in Louisiana, Gerrity minced no words in expressing his dissatisfaction with the precarious business climate lawmakers have created for his industry. “Louisiana, if you haven’t noticed, has a desire to disrupt our industry,” he told lawmakers. “And investing the significant amount of money we would need to in this state to manufacture here when every year we come up against opposition in the Legislature that could cripple us and destroy us, is, frankly speaking, a terrible business decision.” Pressly’s proposal heads to the House floor for final passage. If amended, it would return to the Senate for concurrence. This story was first published by Louisiana Illuminator. Louisiana Lawmakers Approve Bill To Create Marijuana Legalization Regulatory Framework Photo courtesy of Pexels. The post After Accidentally Legalizing Intoxicating Hemp Products, Louisiana Is On Track To Outlaw Them Again appeared first on Marijuana Moment. 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With the Biden administration moving to reschedule marijuana, congressional researchers have updated a pair of reports outlining the “legal consequences” of the persisting federal-state cannabis policy gap and detailing existing protections for state medical marijuana programs under a spending bill rider. The reports from the Congressional Research Service (CRS) were both updated on Tuesday, noting prominently that the Justice Department is now moving to reclassify marijuana as a Schedule III, rather than Schedule I, drug under the Controlled Substances Act (CSA). This comes about a week after CRS issued a separate report focused on the impact, and limitations, of a Schedule III reclassification, including the fact that the reform would not bring state marijuana markets into compliance with federal law because it would still be considered illegal without a prescription. One of the newly updated reports is titled “State Marijuana ‘Legalization’ and Federal Drug Law: A Brief Overview for Congress.” “In light of recent and proposed changes to state and federal marijuana regulation, this Sidebar provides an overview of the divergence between federal and state marijuana law,” the analysis says. “It then briefly discusses the legal consequences of the divergence and outlines certain related considerations for Congress.” The five-page document first generally explains how marijuana is currently classified under the CSA, while noting that cannabis containing no more than 0.3 percent THC by dry weight is considered federally legal hemp. “If marijuana were moved from Schedule I to Schedule III, it could in theory be dispensed and used by prescription for medical purposes,” CRS said. “However, prescription drugs must be approved by FDA. Although FDA has approved some drugs derived from or related to cannabis, marijuana itself is not an FDA-approved drug.” While federal prohibition is still in force, and would remain so even with rescheduling, the report notes that “all but three states have changed their laws to permit the use of cannabis for medical purposes,” while nearly half have enacted adult-use legalization. “Notwithstanding the foregoing state laws, any activity involving marijuana that is not authorized under the CSA remains a federal crime anywhere in the United States, including in states that have purported to legalize medical or recreational marijuana,” it says. It then goes through a variety of potential criminal liabilities for marijuana-related activity under federal statute. “For individuals, participation in the state-legal marijuana industry may have adverse immigration consequences. Violations of the CSA may also affect individuals’ ability to receive certain federal government benefits. In addition, federal law prohibits gun ownership and possession by any person who is an ‘unlawful user of or addicted to any controlled substance,’ with no exception for users of state-legal medical marijuana.” The report concludes with considerations for Congress, pointing out that while the Drug Enforcement Administration (DEA) has agreed to move forward with rescheduling, lawmakers have “broad authority to change the status of marijuana by legislation before or after DEA makes any final scheduling decision.” “If Congress seeks to regulate marijuana more stringently, it could, among other options, repeal the appropriations rider discussed above, increase DOJ funding to prosecute CSA violations, or limit federal funds for states that legalize marijuana,” it said. CRS separately updated a report that focuses on the appropriations rider that’s been annually renewed each year since 2014. It generally prevents the Justice Department from using its funds to interfere in the implementation of state medical cannabis programs. While the legislation is meant to address the “disparity between state and federal laws,” it does not extend the protections to adult-use states, the report explains. “On its face, the appropriations rider bars DOJ from taking legal action against the states directly in order to prevent them from promulgating or enforcing medical marijuana laws,” it says. “In addition, federal courts have interpreted the rider to prohibit certain federal prosecutions of private individuals or organizations that produce, distribute, or possess marijuana in accordance with state medical marijuana laws. ” “In those cases, criminal defendants have invoked the rider before trial, seeking either the dismissal of their indictments or injunctions barring prosecution,” it continues, adding that federal courts have generally declined to apply the rider outside of that pre-trial context, by upholding a prohibition on cannabis use by people on probation, for example. “While the medical marijuana appropriations rider restricts DOJ’s ability to bring some marijuana prosecutions, its effect is limited in several ways,” CRS said. “If Congress instead opted to repeal the rider or allow it to lapse, DOJ would be able to prosecute future CSA violations as well as past violations that occurred while the rider was in effect, subject to the applicable statute of limitations.” “Because the medical marijuana appropriations rider applies to marijuana specifically, regardless of how the substance is classified under the CSA, rescheduling marijuana would not affect the rider,” the report says. “Congress has the authority to enact legislation to clarify or alter the scope of the appropriations rider, repeal the rider, or decline to include it in future appropriations laws. For instance, Congress could amend the rider to specify whether strict compliance with state medical marijuana law is required in order to bar prosecution under the CSA or provide a different standard that DOJ and the courts should apply. Congress could also expand the scope of the rider to bar the expenditure of funds on prosecutions related to recreational marijuana or other controlled substances.” As both reports note, Congress could move to eliminate the federal-state marijuana policy gap by removing it from the CSA altogether. Other proposals, including one recently filed by top Senate Democrats, would go further by legalizing cannabis and setting up a federal regulatory framework for the plant. But given the divided Congress and the anti-cannabis record of House Speaker Mike Johnson (R-LA), it seems unlikely that the bill will advance this session. Instead, advocates and stakeholders are watching to see how the rescheduling effort plays out, while also putting pressure on lawmakers to pass a bipartisan marijuana banking bill that’s pending Senate floor action. German Lawmakers Will Consider Changes To Marijuana Legalization Law Related To Social Clubs And Impaired Driving This Week Photo courtesy of Mike Latimer. The post Congressional Researchers Update Lawmakers On ‘Legal Consequences’ Of Federal Marijuana Prohibition In Light Of Rescheduling Effort appeared first on Marijuana Moment. View the live link on MarijuanaMoment.net

GOP congresswoman praises cannabis rescheduling; German legalization amendments; DOJ ayahuasca case; NJ marijuana price caps bill; TX delta-8 ban Subscribe to receive Marijuana Moment’s newsletter in your inbox every weekday morning. It’s the best way to make sure you know which cannabis stories are shaping the day. Get our daily newsletter. Email address: Leave this field empty if you're human: Your support makes Marijuana Moment possible… Free to read (but not free to produce)! We’re proud of our newsletter and the reporting we publish at Marijuana Moment, and we’re happy to provide it for free. But it takes a lot of work and resources to make this happen. If you value Marijuana Moment, invest in our success on Patreon so we can expand our coverage and more readers can benefit: https://www.patreon.com/marijuanamoment / TOP THINGS TO KNOW With Congress set to consider a new Farm Bill, the hemp industry is at odds with some marijuana companies that find themselves aligned with prohibitionists in pushing for restrictions on intoxicating hemp-derived cannabinoids such as delta-8 THC. Rep. Lori Chavez-DeRemer (R-OR) praised the Biden administration’s move to reschedule marijuana during a House hearing but warned Health and Human Services Secretary Xavier Becerra not to pursue broader drug decriminalization similar to Oregon’s now-repealed decrim law. The German Bundestag is set to take up amendments to the country’s marijuana legalization law concerning impaired driving and states’ authority to set restrictions on cannabis cultivation at cooperatives this week. The Department of Justice told a court that federal agencies’ settlement allowing a church to incorporate ayahuasca into its ceremonies is “irrelevant” to a separate case on the legal status of another psychedelic church. The Texas Senate State Affairs Committee is set to hold a hearing this month on Lt. Gov. Dan Patrick’s (R) push to ban intoxicating hemp-derived products such as delta-8 THC. New Jersey lawmakers filed legislation to allow regulators to set price caps on medical cannabis cultivators, manufacturers or dispensaries if they’re selling their products at a price that is “unreasonable and inconsistent” with their actual costs. / FEDERAL The Food and Drug Administration will host a meeting about the use of ketamine on June 27. Sen. John Hickenlooper (D-CO) tweeted, “What does marijuana rescheduling mean for Colorado? It’s a step in the right direction. But – JUST a step.” Sen. Tina Smith (D-MN) tweeted, “Minnesota is leading with a one-two punch: legalization *and* expungement. Nobody’s life should be turned upside down by non-violent marijuana offenses. Passing the Cannabis Administration and Opportunity Act would federally legalize marijuana and expunge those convictions ” Rep. Pete Sessions (R-TX) said in a House floor speech that marijuana is a “gateway to these harder drugs.” Rep. Morgan Luttrell (R-TX) tweeted, “Psychedelic therapies provide a pathway forward that will give us the chance to save the lives of those that so graciously served our country. Proud to be a leading voice in Congress for these innovative solutions.” / STATES New York Gov. Kathy Hochul (D) tweerted, “I promised to protect our communities and hard-working, legal cannabis retailers by quickly closing illegal stores. I’m proud to say that with partners like @NYCMayor, we’re getting it done.” Separately, the state’s comptroller posted a map showing how much marijuana tax revenue is going to counties across the state. Connecticut’s attorney general reached a settlement with organizers of unlicensed cannabis markets. A Minnesota House-Senate conference committee finalized a bill to make changes to the state’s marijuana legalization law. The Guam legislature’s Rules Committee is set to consider a bill to prohibit employers, landlords, colleges or government agencies from testing for marijuana as a condition of employment, housing, education or government services, respectively, on Thursday. Michigan regulators announced a recall of marijuana products that were not submitted for testing in their final form and published an advisory about the issue. Alaska regulators repealed rules on marijuana business food safety permits. The Illinois Medical Cannabis Advisory Board voted to add painful ovarian cyst as a qualifying condition for patients. A Massachusetts Cannabis Control Commission member discussed the implications of federal marijuana rescheduling. New Jersey regulators published a list of municipalities that allow marijuana businesses to operate. Oregon regulators are accepting applications to join the Cannabis Rules Advisory Committee. — Marijuana Moment is tracking more than 1,500 cannabis, psychedelics and drug policy bills in state legislatures and Congress this year. Patreon supporters pledging at least $25/month get access to our interactive maps, charts and hearing calendar so they don’t miss any developments. Learn more about our marijuana bill tracker and become a supporter on Patreon to get access. — / LOCAL The Sussex County, Delaware Council approved restrictions on marijuana businesses. Seattle, Washington officials are accepting proposals to study equity in the city’s cannabis industry. / INTERNATIONAL The Bahamian health and wellness minister introduced a package of medical cannabis bills. / SCIENCE & HEALTH A study of cannabis-based medicines in people with multiple sclerosis found that “significant improvements were observed in health-related quality of life.” A review concluded that “recent studies indicate that MDMA-assisted psychotherapy reduces PTSD symptoms and is generally well tolerated.” / ADVOCACY, OPINION & ANALYSIS A poll of German adults found that 7 percent have bought cannabis seeds for personal cultivation since legalization was enacted and that another 11 percent plan to do so. / BUSINESS Cresco Labs Inc. reported quarterly net revenue of $184.3 million and a net loss of $2.1 million. AYR Wellness Inc. reported quarterly net revenue of $118 million and a net loss of $108.3 million. MediPharm Labs Corp. reported quarterly revenue of C$9.8 million and a net operating loss of C$3.7 million. atai Life Sciences reported a quarterly net loss of $27.4 million and announced that its CEO is stepping down. A federal judge ordered I.N.S.A. to bargain with a union even though its workers voted against unionizing. Quest Diagnostics reported that the percentage of employees in the U.S. workforce whose drug tests showed signs of tampering increased by more than six-fold in 2023 compared to the prior year. Michigan retailers sold $278.6 million worth of legal marijuana products in April. Make sure to subscribe to get Marijuana Moment’s daily dispatch in your inbox. Get our daily newsletter. Email address: Leave this field empty if you're human: The post Hemp & marijuana biz disagree on Farm Bill (Newsletter: May 16, 2024) appeared first on Marijuana Moment. View the live link on MarijuanaMoment.net

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“It’s very similar to how pharmaceutical drugs and other commodities are sold. When large corporations are given the chance, they will be greedy.” By Sophie Nieto-Munoz, New Jersey Monitor State officials have stressed that they agree with medical marijuana patients who say the price of cannabis in New Jersey remains too expensive—but the officials say their hands are tied by the law, which gives them no control over prices set by dispensaries. One lawmaker is looking across the Delaware River at what Pennsylvania has done—including a provision in its medical marijuana law allowing state cannabis officials to implement price caps if cannabis prices become “unreasonable or excessive.” Sen. Troy Singleton (D-Burlington) wants to use Pennsylvania’s statute as a model, introducing a bill in March that would allow the New Jersey Cannabis Regulatory Commission to set price caps on medical cannabis cultivators, manufacturers or dispensaries if they’re selling their products at a price that is “unreasonable and inconsistent” with their actual costs. The commission would be allowed to cap prices for six-month intervals. Singleton, who called the price of weed in New Jersey “very concerning for many people utilizing medical cannabis,” said capping prices could put pressure on the market and lead to lower prices. Chris Goldstein is a marijuana advocate who tracks cannabis prices in New Jersey and Pennsylvania dispensaries. “It’s very similar to how pharmaceutical drugs and other commodities are sold. When large corporations are given the chance, they will be greedy,” he said. “Unfortunately, we’ve been sold the same promises for almost 13 years that prices would come down, and there was more competition and more businesses, but the same businesses have been here the whole time, and prices remain remarkably similar.” Critics like Goldstein have linked the high prices of legal cannabis to the corporations that control a large part of New Jersey’s market. Out of about 40 cultivators, just a handful are independent, like Breakwater, Valley Wellness and Brute’s Roots. The vast majority are corporations filling retailers’ shelves, even in most mom-and-pop shops. At Ascend in Fort Lee, the price of an eighth without any discounts is $65, or $50 if on sale. In Scranton, Pennsylvania, the same amount of medical weed costs $15. At Curaleaf in Bordentown, an eighth costs $60, and in Harrisburg, Pennsylvania, it costs $32.50. Edward “Lefty” Grimes is a marijuana and disability advocate based out of Morris County. As much as he wants to support dispensaries in New Jersey, he can’t afford the high price of extracted cannabis oil, known commonly as dabs. It’s sold for $100 a gram in stores, but it’s $20 to $30 a gram on the legacy market. “It’s hard to find a dispensary I can afford. Once in a while, I’ll go in there and browse, but I feel like I’m going into a luxury shop I can’t afford,” said Grimes. The Cannabis Regulatory Commission did not respond to a request for comment. Goldstein said it’s been “heartbreaking” to watch legal cannabis in the rest of the country become more affordable as New Jersey’s prices remain high. He suggested the prices are a reason why enrollment in the medical marijuana program has declined since recreational cannabis was legalized. Grimes called the price-fixing legislation “low-hanging fruit” for lawmakers to pass and an easy way to open access to affordable cannabis for patients. — Marijuana Moment is tracking more than 1,500 cannabis, psychedelics and drug policy bills in state legislatures and Congress this year. Patreon supporters pledging at least $25/month get access to our interactive maps, charts and hearing calendar so they don’t miss any developments. Learn more about our marijuana bill tracker and become a supporter on Patreon to get access. — “These are sick people that need this medicine for cancer, multiple sclerosis, PTSD, and we have fallen so far off the radar as patients,” he said. Singleton, who has sponsored several bills aimed at improving the cannabis industry, said it’s tough to get any cannabis legislation passed in the Legislature. Right now, the price cap bill hasn’t moved beyond conversations behind the scenes, he said. “We’re going to keep banging on the drum, because we know so many people who are dealing with exponentially high pricing and we want to do something about it,” he said. This story was first published by New Jersey Monitor. New Jersey Set A New Marijuana Sales Record Last Quarter, With Regulators Touting ‘Historical Highs’ On 4/20 Weekend The post New Jersey Bill Would Allow State Officials To Cap Medical Marijuana Prices appeared first on Marijuana Moment. View the live link on MarijuanaMoment.net

German lawmakers are set to consider amendments to a marijuana legalization law that took effect last month, with committees of the nation’s parliament scheduled to begin debate on changes related to cannabis cultivation at social clubs and impaired driving this week. One of the proposals set to be taken up by the Bundestag on Friday would give individual German states greater authority to set restrictions on cultivation at cooperatives that will be able to start dispensing cannabis to members in July. It is slated to be referred to the Health Committee. Currently, adults can possess and grow marijuana for themselves, but there’s no sales model in place yet. A separate measure scheduled for initial debate on Friday would set a per se THC limit for impaired driving. The legislation—which is expected to prove more controversial given a lack of scientific evidence supporting the efficacy of such policies—would make it so drivers would be considered impaired if they have more than 3.5 ng/ml of THC in their blood. It is expected to be referred to the Transportation Committee. Health Minister Karl Lauterbach, who has led the government’s cannabis legalization efforts, had committed to lawmakers that the legalization law could be amended in certain ways after enactment—a compromise that helped avert a delay in implementation. Meanwhile, this comes as the government is simultaneously moving forward with the second phase of marijuana legalization to create a pilot program for commercial sales—through an administrative process, rather than having lawmakers pass a separate bill to enact the reform as was initially expected. Lauterbach told members of the Bundestag in December that “we are currently examining” the commercial sales plan. But with legalization in effect, there’s been increased pressure to expedite that process. The Bundesrat representing individual states previously tried to block the now-enacted legalization proposal last September but ultimately failed. — Marijuana Moment is tracking more than 1,500 cannabis, psychedelics and drug policy bills in state legislatures and Congress this year. Patreon supporters pledging at least $25/month get access to our interactive maps, charts and hearing calendar so they don’t miss any developments. Learn more about our marijuana bill tracker and become a supporter on Patreon to get access. — While Germany’s Federal Cabinet approved the initial framework for a legalization measure in late 2022, the government also said it wanted to get signoff from the EU to ensure that enacting the reform wouldn’t put them in violation of their international obligations. Officials took a first step toward legalization in 2022, kicking off a series of hearings meant to help inform legislation to end prohibition in the country. Government officials from multiple countries, including the U.S., also met in Germany last November to discuss international marijuana policy issues as the host nation works to enact legalization. A group of German lawmakers, as well as Narcotics Drugs Commissioner Burkhard Blienert, separately visited the U.S. and toured California cannabis businesses in 2022 to inform their country’s approach to legalization. The visit came after top officials from Germany, Luxembourg, Malta and the Netherlands held a first-of-its-kind meeting to discuss plans and challenges associated with recreational marijuana legalization. Leaders of the coalition government said in 2021 that they had reached an agreement to end cannabis prohibition and enact regulations for a legal industry, and they first previewed certain details of that plan last year. A novel international survey that was released in 2022 found majority support for legalization in several key European countries, including Germany. Meanwhile, the United Nations’s (UN) drug control body recently reiterated that it considers legalizing marijuana for non-medical or scientific purposes a violation of international treaties, though it also said it appreciates that Germany’s government scaled back its cannabis plan ahead of the recent vote. GOP Congresswoman Applauds Marijuana Rescheduling But Urges Top Biden Official To Refrain From Decriminalizing Other Drugs The post German Lawmakers Will Consider Changes To Marijuana Legalization Law Related To Social Clubs And Impaired Driving This Week appeared first on Marijuana Moment. View the live link on MarijuanaMoment.net

A GOP congresswoman says that while she supports the push to federally reschedule marijuana, she is warning a top Biden administration official to refrain from taking steps to more broadly decriminalize other drugs. At a hearing before the House Education and the Workforce Committee on Wednesday, Rep. Lori Chavez-DeRemer (R-OR) told U.S. Department of Health and Human Services (HHS) Secretary Xavier Becerra that the decision to move cannabis from Schedule I to Schedule III of the Controlled Substances Act (CSA) is “really good welcoming news.” However, she cautioned against decriminalizing drugs in line with Oregon’s since-overturned law. “Federal guidance has always been a nightmare [with respect to marijuana], and it’s more important than ever to create a safe and professional environment for one of the fastest growing industries in America,” she said. “This has proven to be a responsible process. But unlike Oregon’s approach, which was to decriminalize all drugs at the same time [and] was not a good plan.” “If you’re familiar [with Oregon decriminalization experience], and as the United States is rapidly going toward classifying cannabis with its possible federal legalization, how can we ensure that that Measure 110 won’t be a mistake that’s made across the country?” she asked. Becerra said he was aware of the voter-approved decriminalization initiative known as Measure 110, but he wasn’t familiar with the details. Chavez-DeRemer gave the secretary a brief overview of the policy, while arguing that it led to “mass amounts of drugs on the streets and open market, and we were not helping the people who needed it most.” She asked him to “commit” to approaching future drug policy issues as the agency did with the cannabis scheduling review and not pursue broader decriminalization as took place in Oregon. “We’re more than willing to work with you on some of these issues,” Becerra said. “Remember, the cannabis action has not yet been finalized. But we’re more than willing to work with you. We work based off of evidence, and so whatever we do has to be evidence-based.” While President Joe Biden directed a scheduling review into marijuana that led to a Schedule III determination, the administration is not currently pursuing drug decriminalization. Progressive Democrats did file a bill to federally decriminalize drugs during the last Congresss, but it did not advance and has not since been reintroduced. Becerra has previously made similar comments to lawmakers about the agency’s evidence-based approach as it relates to its cannabis scheduling review, defending the Schedule III conclusion. Meanwhile, at Wednesday’s hearing, Chavez-DeRemer also promoted the Strengthening the Tenth Amendment Through Entrusting States (STATES) 2.0 Act that she’s cosponsoring. The bill would end federal marijuana prohibition in legal states, legalize interstate cannabis commerce, normalize Internal Revenue Service (IRS) policy for the industry and contemplate a federal tax-and-regulate framework for the industry. The congresswoman said it would “ensure that every state has its right to determine the best approach to cannabis within its borders.” Where Presidential Candidate Donald Trump Stands On Marijuana The post GOP Congresswoman Applauds Marijuana Rescheduling But Urges Top Biden Official To Refrain From Decriminalizing Other Drugs appeared first on Marijuana Moment. View the live link on MarijuanaMoment.net